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GANGL v. CUTIA

70 A.D.2d 969 (1979)

Walter T. Gangl, Appellant, v. Richard T. Cutia, Respondent. (Action No. 1.) Richard T. Cutia, Respondent, v. Walter T. Gangl, Appellant. (Action No. 2.)

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

June 7, 1979

The parties to this litigation own adjoining lots which were obtained from a common grantor. Appellant's property is bounded on the east by Second Street. The westerly line of appellant's lot is at all points contiguous to respondent's easterly line. The deed to respondent's property given in 1912 provides for a "perpetual right of a driveway for horses and wagons along the south side of the premises" from Second Street to respondent...

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