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MATTER OF WHITTON v. TOWN OF BALLSTON

289 A.D.2d 647 (2001)

734 N.Y.S.2d 288

In the Matter of JOHN WHITTON, Appellant, v. TOWN OF BALLSTON et al., Respondents.

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

Decided December 6, 2001.

Cardona, P. J.

Petitioner owns real property on the west shore of Ballston Lake in the Town of Ballston, Saratoga County, and respondents Robert Boyce and Carol Boyce have an interest in real property immediately west of petitioner's property. To reach their property from the public highway, the Boyces have an easement for ingress and egress consisting of a causeway crossing a swamp area on the western portion of petitioner...

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