Smith v. Buckley

Appeal from a judgment of the Supreme Court (Kane, J.), entered November 2, 2001 in Sullivan County, which, inter alia, granted plaintiff’s motion for partial summary judgment.

This matter concerns the use of a private road or right-of-way in the Town of Mamakating, Sullivan County, known as Ferguson Lane, which begins at First Street in the Village of Wurtsboro, Sullivan County, and allegedly extends in an easterly direction past a footbridge over the Basha Kill Creek. The origin of Ferguson Lane dates back to Jacob Hasten, property owner, who made provisions for its future use in his last…