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NICEFORO v. HAEUSSLER

276 A.D.2d 949 (2000)

714 N.Y.S.2d 788

NICOLA NICEFORO et al., Doing Business as PAPA'S FAMILY DINER, Respondents, v. ELIZABETH HAEUSSLER, Doing Business as ELIZABETH'S UNISEX SALON, Appellant.

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

Decided October 26, 2000.

Crew III, J.

Plaintiffs and defendant are the owners of adjoining parcels of land located at 209 Delaware Street and 207 Delaware Street, respectively, in the Village of Walton, Delaware County. Both parcels originally were owned by Albert Smith and Lucy Smith. Examination of the parties' respective chains of title reveals that the Smiths conveyed the parcel located at 209 Delaware Street to Susie Sutliff in 1920, together with "the right to use, for the purpose of...

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