Freeman v. Walther

Appeal from an order of the Supreme Court (Devine, J.), entered June 20, 2012 in Schoharie County, which, among other things, granted summary judgment to plaintiff dismissing defendants’ counterclaims.

Plaintiff and defendants own adjacent parcels of property in *1313the Town of Sharon, Schoharie County. Defendants, who acquired title to their parcel in 1999, used a preexisting pipeline that runs across plaintiffs property to access the water from a pond on property that lies to the north of plaintiff s parcel. The pipeline has been in existence since at least 1964 and was continuously used by…