SADOWSKI v. TAYLOR


56 A.D.3d 991 (2008)

867 N.Y.S.2d 574

DOROTHY A. SADOWSKI, Individually and as Trustee of a Trust Dated January 25, 1989, Respondent, v. JUDITH A. TAYLOR et al., Appellants.

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

November 20, 2008.


Mercure, J.

This appeal involves two adjoining parcels of real property located in the Town of Malta, Saratoga County, between Route 67 and the shore of Little Round Lake. The properties were acquired by John Sadowski and Effie Sadowski in the early 1940s and, for approximately 20 years, the Sadowskis brought in fill to create a beach (hereinafter the disputed land). After 1965, no additional fill was added other than for maintenance purposes, although a brook emptying...

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