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ROPITZKY v. HUNGERFORD

27 A.D.3d 1031 (2006)

812 N.Y.S.2d 682

STEVEN ROPITZKY et al., Respondents, v. RUSSELL A. HUNGERFORD, Appellant, et al., Defendants.

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

March 30, 2006.

Peters, J.

This action stems from a controversy over a 100-foot-wide strip of land (hereinafter the disputed parcel) off County Route 76 in the Town of Stillwater, Saratoga County. Plaintiffs are the record owners of both the disputed parcel and the numerous acres that lie beyond it. After an unsuccessful attempt by defendant Russell A. Hungerford (hereinafter defendant) to subdivide his contiguous parcel in which he included the disputed parcel, plaintiffs commenced...

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