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TORPY'S POND & OUTDOOR CLUB, INC. v. DuSELL

531528.

198 A.D.3d 1218 (2021)

157 N.Y.S.3d 157

2021 NY Slip Op 05904

Torpy's Pond and Outdoor Club, Inc., Appellant, v. D. Lee DuSell, as Trustee of the D. Lee DuSell Living Trust, Respondent.

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

Decided October 28, 2021.

Attorney(s) appearing for the Case

Westfall Law, PLLC, Syracuse ( Ryan L. McCarthy of counsel), for appellant.

David B. Vickers , Fayetteville, for respondent.

Lynch, J.P., Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.

This matter concerns the ownership of an approximately 8.46-acre, semicircular area of land that is almost completely submerged by the northwesternmost portion of Torpy's Pond in the Town of Georgetown, Madison County (hereinafter the disputed area). Plaintiff is the exclusive owner of the property adjacent to the southern border of...

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