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ESTATE COURT, LLC v. SCHNALL

49 A.D.3d 1076 (2008)

856 N.Y.S.2d 251

ESTATE COURT, LLC, Appellant, v. PAUL SCHNALL et al., Respondents.

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

Decided March 20, 2008.

Mercure, J.P.

In February 2005, plaintiff commenced this action pursuant to RPAPL article 15, seeking to relocate an appurtenant easement by prescription that crosses its property in the Town of Bethel, Sullivan County. Defendants were granted the easement in a 1999 judgment of Supreme Court (Kane, J.). Plaintiff has since obtained approval to build 19 townhouses and related facilities on the premises. It now asserts that the prescriptive easement frustrates its development...

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