GUTHRIE v. MOSSOW

1075 CA 15-02043.

145 A.D.3d 1495 (2016)

2016 NY Slip Op 08655

44 N.Y.S.3d 284

JOHN GUTHRIE et al., Appellants, v. EDWARD L. MOSSOW et al., Respondents.

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

Decided December 23, 2016.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by converting the action to one pursuant to RPAPL article 15, vacating the declarations, and dismissing the complaint, and as modified the judgment is affirmed without costs.

Memorandum: The parties are owners of property in the Manchester-Kilmer Tract (Tract) in the Town of Cato. The Tract, as depicted in a filed subdivision map, consists of 99 numbered parcels of equal dimensions...

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