McQUINN v. TANTALO


41 A.D.2d 575 (1973)

Clifford McQuinn et al., Appellants, v. Francis D. Tantalo et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 17, 1973


The litigants are owners of cottage lots located on the shores of Eagle Lake in the Town of Duane, Franklin County. Appellants seek to establish a right of way across respondents' lot to afford them access to their lot. The trial court held that no easement had been established and the instant appeal ensued. Admittedly appellants do not have an express grant of an easement. They urge, however, that they have an easement by implication. We cannot agree. Two types of implied...

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