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MURACA v. MEYEROWITZ

13 Misc.3d 348 (2006)

818 N.Y.S.2d 450

FELICE J. MURACA, Plaintiff, v. MARK MEYEROWITZ et al., Defendants.

Supreme Court, Nassau County.

July 10, 2006.

Attorney(s) appearing for the Case

Eliot F. Bloom, Mineola, for plaintiff.

Meyer, Suozzi, English & Klein, Mineola (A. Thomas Levin and Brian M. Seltzer of counsel), for Mark Meyerowitz and another, defendants.

Costantino & Costantino, Copiague (Steven A. Costantino of counsel), for Herbert Newman and another, defendants.

Joseph Ra, Town Attorney (William J. Muller, III, of counsel), for Town of Hempstead, defendant.

OPINION OF THE COURT

THOMAS P. PHELAN, J.

All parties are owners of adjacent residential property bordered at the rear, in whole or in part, by Merrick Bay with the exception of defendant Town of Hempstead, which owns the land underneath the bay. Plaintiff's residence occupies lot 59 known as 3038 Clubhouse Road, Merrick, New York, which he purchased in 2005. Defendants Meyerowitz occupy lot 60 known as 3050 Clubhouse Road, which they purchased in 1983....

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