McColgan v. Brewer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
Appeal from an order of the Supreme Court (Zwack, J.), entered August 20, 2009 in Ulster County, which, among other things, partially denied plaintiff’s motion for leave to serve an amended consolidated complaint.
Plaintiff owns a 10-acre parcel of land in the Town of Rosendale, Ulster County, to which access from Route 32 depends upon a right-of-way over adjoining properties. Prior to *877purchasing the land, plaintiff obtained a professional survey and the surveyor represented that title to the property included a right-of-way to allow access to the parcel from Route 32. Plaintiff then purchased…
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