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AISON v. HUDSON RIVER BLACK RIVER REGULATING DISTRICT

279 A.D.2d 754 (2001)

718 N.Y.S.2d 483

HOWARD M. AISON, Appellant, et al., Plaintiffs, v. HUDSON RIVER BLACK RIVER REGULATING DISTRICT et al., Defendants, and LANZI'S ON THE LAKE, INC., Respondent.

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

Decided January 11, 2001.

Rose, J.

Plaintiffs commenced this action to obtain a judgment declaring their rights to use a beach and swimming area on the Great Sacandaga Lake in Fulton County and restraining defendants from interfering with the exercise of those rights. Plaintiff Howard M. Aison thereafter moved for an order enjoining defendant Lanzi's on the Lake, Inc. (hereinafter LLI) from excluding him from the beach area. LLI opposed the motion and cross-moved for an order pursuant to CPLR...

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