Rivera v. Bruzzese
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Spain, J.P.
Appeal for an order of the Supreme Court (Coccoma, J.), entered June 16, 2011 in Otsego County, which, among other things, granted defendants’ cross motion for summary judgment dismissing the complaint.
At issue is the existence of a right-of-way, in favor of plaintiff, to use a shared driveway on defendants’ adjacent property for ingress and egress to State Route 7 in the Town of Otego, Otsego County. Del-View, Inc. is a common grantor to the parties having, in 1987, purchased and then subdivided nearly 240 acres in Otego. In January 1992, Del-View conveyed 27.65 acres, identified…
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