Capalongo v. Desch

— Appeal from a judgment of the Supreme Court at Special Term, entered February 20, 1980 in Tompkins County, which denied defendants’ motion to dismiss the amended complaint and granted plaintiffs summary judgment. On September 14, 1971, plaintiffs purchased from defendants Giles two parcels of vacant land adjoining their home in the Town of Ithaca, Tompkins County. The Giles also owned 123 additional acres mainly south of the premises conveyed, including a small triangular parcel abutting on the west with road frontage. On December 14, 1971, plaintiffs and the Giles executed a written…