2 NORTH STREET CORPORATION v. GETTY SAUGERTIES CORPORATION

506647

68 A.D.3d 1392 (2009)

2009 NY Slip Op 9342

892 N.Y.S.2d 217

2 NORTH STREET CORPORATION, Respondent, v. GETTY SAUGERTIES CORPORATION, Appellant.

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

Decided December 17, 2009.


Peters, J.P.

Plaintiff and defendant own adjoining parcels of real property in the Town of Saugerties, Ulster County. Plaintiff's property consists of a shopping center and parking lot which was constructed in 1977 by its predecessor in interest and purchased by plaintiff in 1994. Defendant's property was developed for use as a gasoline station and opened for business in 1980. A fence runs close to the boundary line between the properties, but lies entirely on defendant...

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