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MARKS v. GAECKLE

2018-06008. Index No. 621057/16.

199 A.D.3d 672 (2021)

156 N.Y.S.3d 402

2021 NY Slip Op 05962

Joyce G. Marks et al., Appellants-Respondents, v. Claire A. Gaeckle, Respondent-Appellant, et al., Defendants.

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

Decided November 3, 2021.

Attorney(s) appearing for the Case

McCarney Law, P.C., New York, NY ( James G. McCarney of counsel), for appellants-respondents.

Nica B. Strunk , Southampton, NY, for respondent-appellant.

Dillon, J.P., Iannacci, Christopher and Zayas, JJ., concur.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiffs and the defendant Claire A. Gaeckle (hereinafter the defendant) own adjacent waterfront properties on Little Peconic Bay in the Town of Southampton. Between their properties lies a private road, 30 feet wide and 600 feet long, that begins at the bay and runs southeasterly to intersect with the nearest public road. The western half of the private...

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