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CITY OF KINGSTON v. KNAUST

287 A.D.2d 57 (2001)

733 N.Y.S.2d 771

CITY OF KINGSTON et al., Respondents, v. BARBARA KNAUST et al., Appellants.

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

December 6, 2001.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C., Albany (John J. Privitera of counsel), for appellants.

Richard F. Riseley, Kingston, for respondents.

MERCURE, J. P., SPAIN, CARPINELLO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

ROSE, J.

Plaintiffs commenced this action under RPAPL article 15 and CPLR 3001 to quiet title to certain excavated caves or mines lying beneath plaintiffs' real properties in the City of Kingston, Ulster County. After various preliminary proceedings, including defendants' assertion of a counterclaim for adverse possession, plaintiffs moved for partial summary judgment. Supreme Court granted the motion and declared plaintiffs to be the...

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