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SCHEFFIELD v. VESTAL PARKWAY PLAZA, LLC

514438.

102 A.D.3d 992 (2013)

958 N.Y.S.2d 232

2013 NY Slip Op 1

ERIC SCHEFFIELD et al., Appellants, v. VESTAL PARKWAY PLAZA, LLC, Defendant, and BRRS ASSOCIATES et al., Respondents.

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

Decided January 3, 2013.

Stein, J.

Defendant BRRS Associates and defendant Parkway Plaza, LLC (hereinafter collectively referred to as defendants) each owned adjacent parcels of land fronting on Ozalid Road in the Town of Vestal, Broome County. The parcel owned by BRRS was subject to an easement granted to New York Telephone Company. Pursuant to that easement, the telephone company constructed a communications equipment vault on the BRRS property. In 1995, the Town abandoned, for public roadway...

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