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SOUTHAMPTON ACRES HOMEOWNERS ASSOCIATION, INC. v. RIDDLE

297 A.D.2d 283 (2002)

746 N.Y.S.2d 35

SOUTHAMPTON ACRES HOMEOWNERS ASSOCIATION, INC., Appellant, v. ROBERT F. RIDDLE et al., Respondents.

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

Decided August 5, 2002.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for entry of a judgment declaring that the plaintiff does not have an easement over the defendants' real property.

The parties entered into a stipulation of discontinuance in which they agreed to discontinue a prior action with prejudice. The plaintiff then commenced the instant action asserting the same claims...

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