AIARDO v. TOWN OF EAST GREENBUSH


64 A.D.3d 849 (2009)

881 N.Y.S.2d 698

SUZANNE AIARDO et al., Appellants, v. TOWN OF EAST GREENBUSH et al., Respondents.

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

Decided July 2, 2009.


Kane, J.

Plaintiffs and defendant Stephanie Wacholder are neighbors who own real property across the street from one another in the Town of East Greenbush, Rensselaer County. The Town owns a narrow triangular parcel (hereinafter the parcel) that abuts Wacholder's property and is across the street from plaintiffs' property. This parcel was deeded to the Town for park or recreational purposes but, because of its shape and topography, the Town has never used or improved...

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