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CIRILLO v. WYKER

51 A.D.2d 758 (1976)

Isabella Cirillo, Appellant, v. Robert Wyker et al., Respondents, et al., Defendant. (And a Third-Party Title.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 17, 1976

Judgment affirmed, without costs or disbursements.

The plaintiff failed to prove that she owned the 170-foot line lying under Woodlands Road. That portion of the sewer line is a fixture (see Matter of County of Nassau [Lido Beach Sewage Collection Dist.] 40 Misc.2d 384) which belongs to the owner of the bed of Woodlands Road. The record does not show whether the town or the abutting landowners own the bed of the portion...

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