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COMRIE, INC. v. HOLMES

40 A.D.3d 1346 (2007)

836 N.Y.S.2d 377

COMRIE, INC., Appellant, v. DONALD G. HOLMES, as Executor of DELLA MAE CADY, Respondent, et al., Defendant.

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

Decided May 24, 2007.

Carpinello, J.

At issue is an abandoned strip of former railroad property situated between plaintiff's property and property owned by its deceased neighbor's estate. In June 2004, the estate acquired title to this strip of land by quit claim deed from its most recent railroad company owner. Shortly thereafter, plaintiff commenced this action against defendant Donald G. Holmes, the estate's executor, as well as the conveying railroad company, seeking title to the disputed...

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