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MAZZAFERRO v. ASSOCIATION OF OWNERS OF MILL NECK ESTATES, INC.

2014-01177, Index No. 13410/09.

131 A.D.3d 949 (2015)

16 N.Y.S.3d 83

2015 NY Slip Op 06715

MARIANNA MAZZAFERRO, Appellant, v. ASSOCIATION OF OWNERS OF MILL NECK ESTATES, INC., Respondent.

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

Decided September 2, 2015.

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

The plaintiff is the owner of a parcel of undeveloped property on Sound View Road, part of the Mill Neck Estates subdivision. The defendant is the homeowner's association of the subdivision. According to the plaintiff's deed, she is entitled to a "perpetual right of way ... over the private roads and drives giving access from the premises hereby conveyed to the public highway, West Shore Road...

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