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Knox Village Assoc. v. Town of New Windsor

Appellate Division of the Supreme Court of New York, Second Department
Sep 11, 1995
219 A.D.2d 585 (N.Y. App. Div. 1995)

Opinion

September 11, 1995

Appeal from the Supreme Court, Orange County (Owen, J.).


Ordered that the appeal from the order is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondent Town of Cornwall is awarded one bill of costs.

The plaintiff argues that its property is entirely to the north of the line which divides the Town of New Windsor from the Town of Cornwall and therefore is located entirely in New Windsor. The plaintiff relies on the presumptive validity of New York City Aqueduct maps filed in 1908 and 1959, as well as other evidence. We have examined the record and conclude that the defendants overcame the presumption of accuracy afforded to the ancient documents produced by the plaintiff (see, CPLR 4522; see also, Matter of Kings Estates Ltd. Partnership v Town of Chester, 162 A.D.2d 802). Bracken, J.P., Copertino, Krausman and Florio, JJ., concur.


Summaries of

Knox Village Assoc. v. Town of New Windsor

Appellate Division of the Supreme Court of New York, Second Department
Sep 11, 1995
219 A.D.2d 585 (N.Y. App. Div. 1995)
Case details for

Knox Village Assoc. v. Town of New Windsor

Case Details

Full title:KNOX VILLAGE ASSOCIATES, Appellant, v. TOWN OF NEW WINDSOR et al.…

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

Date published: Sep 11, 1995

Citations

219 A.D.2d 585 (N.Y. App. Div. 1995)
631 N.Y.S.2d 375

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