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HIGGINS, III v. DOUGLAS

304 A.D.2d 1051 (2003)

758 N.Y.S.2d 702

JAMES H. HIGGINS, III, as Trustee of the Betty Higgins Inter Vivos Trust, et al., Appellants, v. ROBERT D. DOUGLAS et al., Respondents.

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

Decided April 24, 2003.

Spain, J.

Plaintiff James H. Higgins, III, as trustee of an inter vivos trust, owns property in the Town of North Elba, Essex County (hereinafter the Town), the western border of which lies along the easterly shore of Lake Placid (hereinafter the Higgins parcel). Plaintiff Emily F. Frank, individually and as a trustee, and other members of her family own an adjacent lakefront parcel directly to the north of the Higgins parcel (hereinafter the Frank parcel). Both parcels...

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