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JANIAN v. BARNES

294 A.D.2d 787 (2002)

742 N.Y.S.2d 445

HENRI JANIAN et al., Respondents, v. JOHN R. BARNES, Appellant.

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

Decided May 23, 2002.

Rose, J.

This declaratory judgment action to resolve the disputed ownership of an unwanted dam site was previously before us on plaintiffs' appeal of Supreme Court's declaration that they are the owners of the property (284 A.D.2d 717). Finding an issue of fact precluding a summary declaration of ownership, this Court reversed and remitted the matter. On remittal, Supreme Court examined and dismissed defendant's remaining defenses...

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