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SMITH v. BUCKLEY

301 A.D.2d 856 (2003)

753 N.Y.S.2d 581

MORRIS SMITH, Respondent, v. FRANCIS X. BUCKLEY et al., Appellants.

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

Decided January 16, 2003.

Cardona, P.J.

This matter concerns the use of a private road or right-of-way in the Town of Mamakating, Sullivan County, known as Ferguson Lane, which begins at First Street in the Village of Wurtsboro, Sullivan County, and allegedly extends in an easterly direction past a footbridge over the Basha Kill Creek. The origin of Ferguson Lane dates back to Jacob Masten, property owner, who made provisions for its future use in his last will and testament dated August 21...

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