Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendants' cross motion for summary judgment dismissing the complaint and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, with costs.
The plaintiff and the defendants own adjoining parcels of property within a subdivision originally owned by the estate of Ralph L. Cutter (hereinafter the grantor). The subdivision initially...
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