Rugby Road Corp. v. Doane Builders, Inc.

Appeal from a judgment of the Supreme Court (Mulvey, J.), entered January 31, 2008 in Chemung County, which, among other things, granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiffs commenced this action seeking to enjoin defendant from constructing a street through a lot in the subdivision known as Hunters Run, Phase III (hereinafter Phase III), in the Towns of Horseheads and Big Flats, Chemung County. The proposed street would connect Phase III to an adjoining subdivision being developed by defendant. Plaintiffs asserted that placing a street through a lot…