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TOWN OF GOSHEN v. SERDAREVIC

39 A.D.3d 536 (2007)

833 N.Y.S.2d 185

TOWN OF GOSHEN, Respondent, v. BOSILJKA SERDAREVIC et al., Appellants.

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

Decided April 3, 2007.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the Supreme Court's declaration in the judgment upon remittal, that the Town of Goshen possesses a prescriptive easement over that portion of the defendants' real property that is "currently used" as a roadway, conforms with our holding in the prior appeal determined by this Court (see Town of Goshen v Serdarevic...

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