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MACKIE v. MARTUCCI

39 A.D.3d 820 (2007)

835 N.Y.S.2d 338

ROBERT MACKIE, Plaintiff and Counterclaim Defendant-Appellant, v. FRANK MARTUCCI et al., Defendants and Counterclaim Plaintiffs-Respondents. KATHERINE MACKIE, Counterclaim Defendant-Appellant.

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

Decided April 24, 2007.

Ordered that the notice of appeal from the order entered September 18, 2006, is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,

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

Katherine Martucci owns a parcel of land that borders a parcel owned by Robert Mackie and Katherine Mackie on the north. A private roadway known as the "Traveled Way" which leads to a public street, begins...

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