Yauchler v. Serth

Appeal from a judgment of the Supreme Court (Reilly Jr., J), entered August 2, 2012 in Schenectady County, which, among other things, granted defendant’s cross motion for summary judgment dismissing the complaint.

In October 2005, defendant sold plaintiff a parcel of lakefront property. In the deed, defendant reserved to himself certain rights to the use and “stewardship” of a boat launch area and agreed to assume certain responsibilities related to those rights. Plaintiff commenced this action pursuant to RPAPL article 15 seeking a declaration that defendant had forfeited his rights as to the…