Higgins v. Douglas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered October 19, 2001 in Essex County, which, inter alia, in a proceeding pursuant to RPAPL article 15, determined plaintiffs’ rights with respect to an easement over lands owned by plaintiffs.
Plaintiff James H. Higgins, III, as trustee of an inter vivos trust, owns property in the Town of North Elba, Essex County (hereinafter the Town), the western border of which lies along the easterly shore of Lake Placid (hereinafter the Higgins parcel). Plaintiff Emily F. Frank, individually and as a trustee, and other members of her family own…
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