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AUSWIN REALTY CORPORATION v. KLONDIKE VENTURES, INC.

525352.

163 A.D.3d 1107 (2018)

81 N.Y.S.3d 278

2018 NY Slip Op 04997

Auswin Realty Corporation, Appellant, v. Klondike Ventures, Inc., et al., Defendants, and Tompkins Realty & Development Co., Inc., et al., Respondents.

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

Decided July 5, 2018.

Plaintiff and defendant Tompkins Realty & Development Co., Inc. (hereinafter TRD) are neighboring property owners in the Town of Hancock, Delaware County. Plaintiff acquired its property in 1990 and TRD acquired its property in 2007. It is undisputed that an approximately one-half-mile long "skidder trail" begins on TRD's property...

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