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BENEKE v. TOWN OF SANTA CLARA

36 A.D.3d 1195 (2007)

828 N.Y.S.2d 692

J. DAVID BENEKE, Individually and as Trustee of the J. DAVID BENEKE TRUST, Appellant, v. TOWN OF SANTA CLARA et al., Respondents.

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

Decided January 25, 2007.

Peters, J.

Having twice reviewed the facts underlying this action (see 28 A.D.3d 998 [2006]; Matter of Beneke v Town of Santa Clara, 9 A.D.3d 820 [2004]), we need only recount that the J. David Beneke Trust is the record owner of real property located on the shoreline of Upper Saranac Lake in the Town of Santa Clara, Franklin County. In 2001, plaintiff, as trustee for the trust,...

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