Kerryville Properties, Inc. v. Buvis

Appeal from an order and judgment of the Supreme Court (Mugglin, J.), entered June 28, 1996 in Delaware County, upon a decision of the court in favor of plaintiff.

Plaintiff and defendants own adjoining tracts of rugged, mountainous forest land in the Town of Hancock, Delaware County. Plaintiff’s property, purchased in 1985, lies to the north of defendants’ property and is serviced by City Brook Road, a public highway passing near or through the extreme easterly portion of plaintiff’s property. Shortly after acquiring the property, plaintiff subdivided it into 75 large parcels (ranging in area…