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CIARELLI v. LYNCH

46 A.D.3d 1039 (2007)

847 N.Y.S.2d 694

GEORGE M. CIARELLI et al., Appellants, v. CHRISTOPHER LYNCH et al., Respondents.

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

Decided December 13, 2007.

Mercure, J.P.

Upon defendants' prior appeal from a jury verdict in this action to quiet title, this Court concluded that Supreme Court (Malone, Jr., J.) had erred when charging the jury by sua sponte introducing an unpleaded affirmative defense to defendants' counterclaims alleging that they possessed an easement across plaintiffs' property (22 A.D.3d 987 [2005]).* Accordingly, we granted defendants...

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