Ton-Da-Lay, Ltd. v. Friedman

Appeal from so much of a judgment of the Supreme Court at Special Term, entered. July 23, 1979 in Franklin County, as granted defendants’ motion for summary judgment dismissing the fourth and fifth causes of action in the complaint. Organized in 1882, the Kildare Club manages property, hereinafter referred to as the Kildare Tract, owned by some of its members in St. Lawrence County. In 1972, plaintiffs acquired a tract of land, the Franklin King Tract, in the Town of Altamont, Franklin County, which adjoins the Kildare Tract. For over 100 years, the Kildare Club’s only access to the Kildare…