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RODRIGUES v. CATSKILL REVITALIZATION CORPORATION, INC.

302 A.D.2d 762 (2003)

755 N.Y.S.2d 743

JOHN A. RODRIGUES, Respondent, v. CATSKILL REVITALIZATION CORPORATION, INC., Appellant.

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

Decided February 20, 2003.

Carpinello, J.

Plaintiff owns a parcel of property in the Town of Roxbury, Delaware County, which borders a former railroad bed. Since 1976, a fence has been erected along what plaintiff considered to be the easternmost boundary of the property and encloses an area approximately 10 feet wide and 600 feet long (hereinafter the disputed strip). Moreover, since the early 1980s, trees planted by plaintiff have lined the western...

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