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CREPIN v. FOGARTY

59 A.D.3d 837 (2009)

874 N.Y.S.2d 278

JOSEPH G. CREPIN et al., Appellants, v. WILLIAM J. FOGARTY et al., Respondents.

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

Decided February 19, 2009.

LAHTINEN, J.

Plaintiffs and defendants are disputing neighbors. Plaintiffs commenced this trespass action contending in their first and second causes of action that defendants' underground septic system encroaches upon their property and, in their third and fourth causes of action, that an access easement granted in 1985 to defendants over the property now owned by plaintiffs had been extinguished by adverse possession or...

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