Strawberry Lane, Inc. v. Fraser

Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered March 4, 1986 in Albany County, which denied defendants’ motions for summary judgment dismissing the complaint.

The instant appeal concerns ownership of a five-acre parcel and a 1.1-acre parcel of land which, the parties agree, a survey has accurately found to be included in a 71-acre tract in the Town of Berne, Albany County. Plaintiff’s title to the 71 acres is derived from deeds to the full tract from Edward and Genevieve Patnode to Elizabeth Samal, dated August 30, 1968 and September 6, 1968, which were…