Serbalik v. Gray

Appeal from an order of the Supreme Court (Dier, J.), entered December 23, 1998 in Warren County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff and defendant are adjoining landowners in the Town of Queensbury, Warren County, with plaintiff purchasing his property in 1971 and defendant purchasing her property in 1991. Plaintiff’s property is landlocked by defendant’s property resulting in both deeds specifying that plaintiff holds “a right of way two rods wide along the shore of the aforesaid swamp to the highway”.1 For as long as…