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DANCHAK v. TUZZOLINO

195 A.D.2d 936 (1993)

600 N.Y.S.2d 816

John Danchak, Sr., et al., Respondents-Appellants, v. Carl Tuzzolino, Defendant, and John Hafner et al., Appellants-Respondents

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

July 29, 1993

Weiss, P. J.

In 1954 plaintiffs purchased land in the Town of Bethel, Sullivan County, which contained most of a natural pond called Hunter's Lake (hereinafter the pond). At that time an existing impoundment structure, described at best as a little stone wall,1 created the pond which inundated approximately two acres of adjoining property then owned by the predecessors in title of defendants John Hafner and Anita Hafner (hereinafter...

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