Mondelli v. Homik

—Her cure, J.

Appeal from a judgment of the Supreme Court (Monserrate, J.), entered July 26, 2000 in Delaware County, upon a decision of the court in favor of plaintiff.

Plaintiff and defendants Robert Homik and Linda Homik (hereinafter collectively referred to as defendants) own adjoining parcels of real property in Delaware County. Defendants’ deed contained the following grant: “The easterly line of [defendants’ property] runs through a swamp. It is the intention of this instrument to also grant and convey to [defendants] a right to go upon that portion of the swamp on [plaintiffs property]…