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PAVLOVICH v. ZIMMET

50 A.D.3d 1364 (2008)

857 N.Y.S.2d 744

PAUL Z. PAVLOVICH et al., Respondents, v. JAY ZIMMET, Defendant, and ANNE MARIE GARTI, Appellant.

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

Decided April 17, 2008.

Carpinello, J.

The parties own adjacent property in the Town of Kortright, Delaware County. In this RPAPL article 15 proceeding, plaintiffs seek a declaration that they are entitled to a 25-foot right-of-way over a portion of property owned by defendant Anne Marie Garti and further seek to enjoin Garti from maintaining a barrier over the right-of-way.* In a counterclaim, Garti seeks a declaration enjoining plaintiffs from entering her...

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