Carver v. Rippetoe

Crew III, J.P

Appeal from an order of the Supreme Court (Coccoma, J.), entered April 7, 2006 in Delaware County, upon a decision of the court in favor of defendants.

We are dealing here with a dispute between adjacent landowners concerning a purported easement over property located in the Town of Middletown, Delaware County. The parcels in question emanated out of real property owned by Alexander Morrison, who died intestate in 1916, and which property then passed to his sons, William Morrison and James Morrison. The sons then divided the property between themselves. James received a seven-acre…