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REBENTISCH v. DONOVAN

21 A.D.3d 542 (2005)

799 N.Y.S.2d 919

EDWARD REBENTISCH et al., Respondents, v. PATRICK DONOVAN et al., Appellants.

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

August 22, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that there are triable issues of fact precluding the granting of summary judgment to the defendants. As the Court of Appeals held in Lewis v. Young (92 N.Y.2d 443, 452 [1998]) "a landowner, consonant with the beneficial use and development of its property, can move [the] right of way . . . so long as the change does...

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