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BARKUS v. FUSCO

199 A.D.2d 450 (1993)

606 N.Y.S.2d 10

Martha Barkus et al., Appellants, v. Philip Fusco et al., Respondents

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

December 27, 1993

Ordered that the order and judgment is reversed, on the law, with costs, and the motion for summary judgment is denied.

This action involves a dispute over title to Trout Lake, a dried-up freshwater lake in Hempstead, New York. The plaintiffs, Martha Barkus and Shirley Hershkowitz, own lot 74 on the western side of the dried-up lake, and lots 44 through 55 on the eastern side of the lake. The defendant Philip Fusco owns lot 73 on the western side of the former lake...

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