Malone Jr., J.
In March 2011, plaintiffs commenced this action against defendants alleging various trespasses that purportedly caused damage to plaintiffs' property. In July 2011, defendants answered and alleged in a counterclaim that defendant Ruth Bond acquired title to plaintiffs' property in June 2011 by virtue of a deed executed by Southern New York Railway Inc. (hereinafter the railway). Plaintiffs moved to dismiss the counterclaim on the basis that, during...
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