Marsh v. Hogan

Appeal from an order of the Supreme Court (Tait, *1091J.), entered December 26, 2007 in Tioga County, which granted plaintiffs motion for partial summary judgment.

Plaintiff owns a landlocked parcel abutting defendants’ property. In 1985, to resolve his action to establish an easement by necessity, plaintiff entered into a settlement agreement with three of defendants’ predecessors in title, including Charles Farrell. The settlement agreement created a right-of-way in favor of plaintiff over what is now defendants’ property. Pursuant to that agreement, in 1990 Farrell obtained a survey of his…