Spiegel v. Rickey

—Carpinello, J.

Appeal from an order of the Supreme Court (Cannizzaro, J.), entered September 5, 2000 in Columbia County, which partially granted defendants’ motions to dismiss the complaint.

In March 1967, plaintiff and defendant George W. Rickey, who owned adjoining property in Columbia County, executed a written agreement whereby plaintiff agreed to convey 75 acres of his property to Rickey for the purpose of constructing a private lake, with the cost to be shared equally between them. The agreement also provided that plaintiff would receive the right to use the lake for recreational…