Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint and dismissing the defendants' counterclaim are granted.
Since 1989 the plaintiff has owned a parcel of real property located in the Town of Kent which includes a body of water referred to as Lower Lake Nimham (hereinafter the lake). In December 2000 the defendants purchased a parcel of real...
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