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TOWN OF IRONDEQUOIT v. FISCHER

267 A.D.2d 1016 (1999)

701 N.Y.S.2d 548

TOWN OF IRONDEQUOIT, Respondent-Appellant, v. ANITA J. FISCHER et al., Respondents, and VINCENT RANDAZZO et al., Appellants-Respondents.

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

Decided December 30, 1999.

Judgment unanimously reversed on the law without costs, amended complaint/ petition insofar as it seeks condemnation dismissed without prejudice and judgment granted on counterclaim in accordance with the following Memorandum: Plaintiff/petitioner, Town of Irondequoit (Town), commenced this action/proceeding seeking judgment declaring that it has an easement by prescription for a sewer across the land of defendants/respondents or, in the alternative, judgment declaring that...

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