McNamara v. Lake in the Sky, Inc.

Appeal from a judgment of the Supreme Court (Hughes, J.), entered January 9, 1995 in Schoharie County, upon a decision of the court in favor of plaintiffs.

In this RPAPL article 15 action, plaintiffs seek a determination that they are the owners in fee simple of a tract of approximately 40 wooded acres located in the Town of Gilboa, Schoharie County, which hereinafter is referred to as the Benjamin Farm.

The parties own adjoining parcels of land which they hold and use for recreational purposes, such as deer and turkey hunting. Plaintiffs purchased their property from the executor of Grace…