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MASTIN v. VILL. OF LIMA

77 A.D.2d 786 (1980)

James M. Mastin et al., Appellants, v. Village of Lima, Respondent

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

July 10, 1980

Case held, decision reversed, and matter remitted to Trial Term.

Memorandum:

This is an appeal from a judgment of the trial court which dismissed plaintiffs' causes of action which sought to compel removal of a water tower and other improvements constructed by the Village of Lima allegedly on plaintiffs' property, and to recover damages. Plaintiffs purchased real property in the Village of Lima from Thomas and Elinor Bennett in December, 1974. In April, 1975...

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