Chaner v. Calarco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Appeal from an order of the Supreme Court (Czajka, J.), entered December 17, 2008 in Columbia County, which, among other things, partially granted plaintiffs cross motion for summary judgment.
In 1974, plaintiff and Benjamin Autieri obtained title to a three-acre parcel in Columbia County and, over the next several years, they constructed a seasonal-use residence on it. During that time, they also constructed a driveway to provide access to the cabin. The driveway was located entirely on the adjacent six-acre parcel that was owned at the time by Autieri and his estranged wife. The construction…
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