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TOWN OF ELMIRA v. HUTCHISON

502670.

2008 NY Slip Op 06398

TOWN OF ELMIRA, Respondent, v. MARK HUTCHISON ET AL., Appellants, ET AL., Defendants.

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

Decided and Entered: July 24, 2008.

Attorney(s) appearing for the Case

Schlather, Geldenhuys, Stumbar & Salk, Ithaca (Diane V. Bruns of counsel), for appellants.

Moore & Woodhouse, L.L.P., Elmira (Scott D. Moore of counsel), for respondent.

Before: Cardona, P.J., Mercure, Lahtinen, Kane and Kavanagh, JJ.

MEMORANDUM AND ORDER

KAVANAGH, J.

In 1991, defendants Yunis Enterprises, Inc. and Longmeadow Townhouses Homeowners Association, Inc. granted plaintiff a 30-foot wide drainage easement across a parcel of property which was later conveyed to defendants Mark Hutchison and Donna Hutchison (hereinafter collectively referred to as defendants). When a new residential development was approved and added to plaintiff's water district, plaintiff notified defendants...

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