FLETCHER v. FLACKE


97 A.D.2d 623 (1983)

Richard A. Fletcher et al., Respondents, v. Robert Flacke, as Commissioner of The Department of Environmental Conservation of the State of New York, et al., Appellants

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

October 20, 1983


Plaintiffs instituted this action pursuant to RPAPL article 15 requesting a declaration of their ownership in fee of a strip of land on the eastern border of their lots 5 and 6, the northerly width being 380.93 feet and the southerly width in excess of 417 feet. The State challenges plaintiffs' claim of ownership, contending that this strip is a portion of lots 7, 8 and 9 of township 17 owned by the State. The trial court concluded that, pursuant to the 1772 survey and surveyor...

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