Battista v. Pine Island Park Ass'n

*716Ughetta, Acting P. J., Brennan, Rabin and Benjamin, JJ., concur; Munder, J„ dissents and votes to affirm the judgment, with the following memorandum: Plaintiffs’- plot was once a part of a larger parcel most of which was clearly within the Godfrey tract. Plaintiffs’ predecessor acquired her title in 1943 by a deed which included a recital that she had access to the beach. During her occupancy and until 1955, when she removed from the property, she enjoyed unquestioned use of the roads and the beach. She conveyed to plaintiffs in 1957 with a similar beach access right. Plaintiffs used the…