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HUSH v. TAYLOR

510493.

84 A.D.3d 1532 (2011)

923 N.Y.S.2d 284

PENELOPE L. SULLIVAN HUSH et al., Respondents, v. JAMES E. TAYLOR et al., Appellants, et al., Defendants.

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

Decided May 12, 2011.

MERCURE, J.P.

In the late 1930s, Carrie Bushnell inherited a 25-acre parcel located on Oneida Lake in Madison County. The property, known as Bushnell Farm, is bordered by the lake to the north and State Route 31 to the south. Bushnell subdivided the lakefront portion into 16 lots and, between 1950 and 1955, she sold 14 of those lots. She retained two: a 60-foot-wide lot (hereinafter Western ROW) located five lots from the western boundary of Bushnell Farm, and a 50...

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