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BERETZ JR. v. DIEHL

302 A.D.2d 808 (2003)

755 N.Y.S.2d 122

JOSEPH BERETZ, JR., et al., Appellants, v. LISA A. DIEHL, as Executor of MICHAEL STRYKIEWICZ, Deceased, Respondent.

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

Decided February 27, 2003.

Spain, J.

Plaintiffs are the owners of a land-locked parcel of real property containing approximately 73 acres located in the Town of Middleburgh, Schoharie County, which abuts an 88-acre parcel owned by Michael Strykiewicz (hereinafter defendant).1 Plaintiffs acquired their property in 1998 from their father, Joseph Beretz, Sr. (hereinafter Beretz), who took title in 1969. These contiguous parcels were first created in 1862 when Perlee...

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