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STEFANIS v. TOWN OF MIDDLETOWN

56 A.D.3d 980 (2008)

867 N.Y.S.2d 755

KONSTANTIN STEFANIS, Appellant, v. TOWN OF MIDDLETOWN et al., Respondents, et al., Defendant.

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

November 20, 2008.

LAHTINEN, J.

Plaintiff commenced this action in February 2003 seeking equitable relief and monetary damages as a result of road work done by defendants on a portion of disputed real property, which plaintiff claims is his private property and defendants contend is a public road. The disputed property is a portion of a road known as Ellsworth Avenue in the Village of Fleischmanns, Delaware County and the Town of Middletown, Delaware County. Plaintiff alleged a "pattern...

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