VITIELLO v. MERWIN

2010-05249.

87 A.D.3d 632 (2011)

928 N.Y.S.2d 581

2011 NY Slip Op 6260

JOSEPHINE VITIELLO et al., Appellants-Respondents, v. CAROLYN MERWIN et al., Respondents-Appellants.

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

Decided August 16, 2011.


Ordered that the judgment is modified, on the law, by deleting the ninth "WHEREAS" paragraph and the seventh, eighth, ninth, tenth, eleventh, and twelfth decretal paragraphs thereof, and by adding a provision to the thirteenth decretal paragraph thereof directing the plaintiffs to restore to its original condition only that area of the subject Merwin Parcel beyond the 10-foot width of the subject easement; as so modified, the judgment is affirmed insofar as appealed and cross...

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