SCHWARZ v. TRUSTEES OF FREEHOLDERS AND COMMONALTY OF TOWN OF HUNTINGTON

2010-03051.

85 A.D.3d 1008 (2011)

926 N.Y.S.2d 134

2011 NY Slip Op 5481

RAINER SCHWARZ et al., Appellants, v. TRUSTEES OF FREEHOLDERS AND COMMONALTY OF TOWN OF HUNTINGTON et al., Respondents, et al., Respondents.

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

Decided June 21, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings on the remaining counterclaims and the entry of a judgment thereafter, inter alia, declaring that the defendant-respondent Trustees of Freeholders and Commonalty of Town of Huntington is the owner of the subject real property.

The plaintiffs-petitioners (hereinafter the plaintiffs) commenced this hybrid action...

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