Kurtz v. Foy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Appeal from that part of an order of the Supreme Court (Ferradino, J.), entered January 7, 2009 in Saratoga County, which partially denied defendants’ motion to dismiss the complaint.
In November 2004, plaintiffs purchased from defendants a 3.28-acre parcel of lakefront property in the Town of Greenfield, Saratoga County. A dirt-and-gravel roadway known as Braden Road runs across the property, roughly parallel to the shoreline. Plaintiffs claim that prior to their purchase and in response to their inquiries, defendants repeatedly assured them that the roadway was private. They allegedly showed…
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