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ZARLIN v. TOWN OF CLARKSTOWN

2011-10047.

102 A.D.3d 865 (2013)

958 N.Y.S.2d 464

2013 NY Slip Op 329

SHELBY GREENE ZARLIN et al., Appellants, v. TOWN OF CLARKSTOWN et al., Respondents.

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

Decided January 23, 2013.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiffs are the owners of real property located in the Town of Clarkstown, which contains a pond that is fed by a tributary that flows from the west, through Lake Lucille and its dam, into the pond, then into the Hackensack River to the east. According to the complaint, Lake Lucille Community Association, Inc. (hereinafter LLCA), is the owner of the real property upon which...

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