HECHT v. TOWN OF NEW CASTLE


268 A.D.2d 504 (2000)

701 N.Y.S.2d 665

GERTRUDE HECHT, Respondent, v. TOWN OF NEW CASTLE, Defendant, and MURIEL C. DOLCE et al., Appellants.

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

Decided January 24, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint insofar as asserted against the appellants is dismissed, and the action against the remaining defendant is severed.

The defendants Muriel C. Dolce, Donn C. Dolce, and James Dolce (hereinafter the Dolce defendants) submitted proof in admissible form by a licensed land surveyor that the area where the plaintiff fell was within an easement granted...

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