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MESTER v. ROMAN

25 A.D.3d 907 (2006)

809 N.Y.S.2d 226

HILDA MESTER et al., as Trustees of the JOHN MESTER INCOME FAMILY TRUST, Appellants, v. LAWRENCE ROMAN et al., Respondents.

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

January 12, 2006.

Crew III, J.P.

Plaintiffs and defendants own real property in the Town of Bethel, Sullivan County, near White Lake. The subject properties are depicted on a subdivision map filed in 1908, the deeds to which include the language "SUBJECT to rights, if any whatsoever, in common with others to the use of Hoyer Avenue."

Hoyer Avenue is a paper street that runs from a county road to the shores of White Lake and abuts the parties' properties. Defendants Lawrence...

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