Weir v. Gibbs
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered September 18, 2006 in Essex County, upon a decision of the court in favor of defendants.
In 1978, plaintiff Candace K. Weir (hereinafter plaintiff) and her husband, David A. Weir Jr.,1 acquired certain real property in the Town of Westport, Essex County, which is abutted by Lake Champlain to the east and is situated to the south of *1193defendants’ property. Several private roads provided access to this and other parcels of land from the public roads. One such private road is Drive C, which crossed defendants’ property in a north-south…
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