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GRITT v. O'HARA

256 A.D.2d 838 (1998)

681 N.Y.S.2d 862

CHARLES GRITT et al., Respondents, v. ANTHONY J. O'HARA et al., Appellants.

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

Decided December 17, 1998.

Carpinello, J.

The parties own adjoining lakefront properties in the City of Saratoga Springs, Saratoga County, and share a common driveway which provides the only access from a nearby public road. After defendants deposited a 12 to 18-inch layer of sand over the common driveway, plaintiffs commenced this combined trespass action and RPAPL article 15 proceeding alleging, inter alia, that the increased elevation of...

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