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BRIDGEHAMPTON NAT'L BANK v. SCHAFFNER

247 A.D.2d 351 (1998)

667 N.Y.S.2d 938

Bridgehampton National Bank et al., Respondents, v. Valentine Schaffner et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant. Richard Pellicane, et al., Third-Party Defendants-Appellants

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

February 2, 1998

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In an action pursuant to RPAPL 1501 to determine claims to real property, the plaintiffs bear the burden of proof to establish title (see, Town of N. Hempstead v Bonner, 77 A.D.2d 567). The plaintiffs are obligated to affirmatively prove that they hold legal title to the property...

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