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DEUEL v. McGILTON

199 A.D.2d 737 (1993)

605 N.Y.S.2d 474

Bertha L. Deuel, Appellant, v. William McGilton et al., Respondents

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

December 16, 1993

Casey, J.

Plaintiff commenced this action to recover possession of a disputed strip of land and to recover damages. The parties stipulated that plaintiff is the record owner of the disputed strip of land and that defendants' claim is under color of title. The parties also stipulated that defendants and their grantor used the driveway on the disputed strip for 10 or more years. Based upon the stipulated facts...

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