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MATTER OF IFRAH v. UTSCHIG

98 N.Y.2d 304 (2002)

774 N.E.2d 732

746 N.Y.S.2d 667

In the Matter of PHILIPPE IFRAH, Respondent, v. W. CHARLES UTSCHIG, JR., et al., Appellants.

Court of Appeals of the State of New York.

Decided July 1, 2002.

Attorney(s) appearing for the Case

Jonathan D. Kraut, Village Attorney, Harrison (Joseph L. Latwin of counsel), for appellants.

Phillip A. Grimaldi, Jr., Harrison, for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

In 1996, petitioner Philippe Ifrah purchased a 0.77-acre parcel of land on Fenimore Drive in the Town of Harrison, Westchester County. A single-family residence constructed in 1928 sits on the southern portion of the parcel. The Town's 1928 subdivision map originally designated the property as two separate lots. Those lots merged in 1974 as a result of common ownership. Some...

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