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TOWNER LIVING TRUST v. LOTTERMOSER

56 A.D.3d 1275 (2008)

867 N.Y.S.2d 824

TOWNER LIVING TRUST, Appellant, v. H. EDWARD LOTTERMOSER, Respondent, et al., Defendants.

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

November 21, 2008.

Memorandum:

Plaintiff commenced this action pursuant to RPAPL article 15 seeking, inter alia, judgment that it has two rights-of-way over property owned by H. Edward Lottermoser (defendant) pursuant to a 1956 deed. Plaintiff and defendant own adjacent parcels of land on the west side of Seneca Lake, and plaintiff's property borders the north side of defendant's property. Although both properties abut Seneca Lake, plaintiff...

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