Shapiro v. Ungar

Appeal from an order of the Supreme Court (Hummel, J.), entered July 25, 2006 in Columbia County, which, among other things, denied defendant’s cross motion to modify a notice of pendency.

Plaintiffs and defendant own adjoining tracts of land. The two tracts were originally a single parcel belonging to Helen Ungar. Upon her death, the land was divided into two parcels by a stipulation and Surrogate’s Court decree. The decree gave the parties various rights to each other’s adjacent land including, among other things, a grant to plaintiffs of a visual easement over a portion of defendant’s land,…