Fritz v. Jacuzzo

—Appeal from an order of Supreme Court, Chautauqua County (Gerace, J.), entered November 1, 2000, which, inter alia, granted plaintiff’s motion for summary judgment in part.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by providing that the addendum to the deed dated June 17, 1992 did not extinguish plaintiff’s obligation to “maintain, in a reasonable and proper manner,” the gravel driveway extending 461 feet running from the southwest corner of the property purchased by plaintiff in 1990 toward New York State Route 394 and as…