Mester v. Roman

Crew III, J.P.

Appeal from those parts of an order of the Supreme Court (Ledina, J.), entered November 3, 2004 in Sullivan County, which partially denied plaintiffs’ motion for summary judgment and partially granted defendants’ cross motion for summary judgment.

Plaintiffs and defendants own real property in the Town of Bethel, Sullivan County, near White Lake. The subject properties are depicted on a subdivision map filed in 1908, the deeds to which include the language “SUBJECT to rights, if any whatsoever, in common with others to the use of Hoyer Avenue.”

Hoyer Avenue is a paper street that…