Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed insofar as appealed from, the motion is granted, the complaint is reinstated, the defendant Nassau Point Property Owners Association, Inc., is adjudged to be the owner in fee of the disputed real property, and the order dated April 4, 2005, is modified accordingly; and it is further,
Ordered that one bill of costs is awarded to the appellant.
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