Modrzynski v. Wolfer

—Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Erie County Court for further proceedings in accordance with the following Memorandum: Defendants appeal from a judgment that adjudged plaintiffs the owners in fee simple of a 20-foot-wide strip of land in the Town of Boston. They contend that County Court erred in concluding that the deed conveying a 13.21-acre parcel of land to plaintiffs’ predecessor in title was ambiguous and that, upon considering extrinsic evidence, the conveyance included the strip of land at issue. We agree.

The deed…