STORY v. WOOD


166 A.D.2d 124 (1991)

569 N.Y.S.2d 487

Robert Story, Appellant-Respondent, v. Clinton Wood et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. Manish Patel et al., Third-Party Defendants-Respondents

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

May 9, 1991


Attorney(s) appearing for the Case

Stanton M. Drazen (Catherine E. Stuckart of counsel), for appellant-respondent.

Levene, Gouldin & Thompson (Albert B. Kukol and David F. McCarthy of counsel), for defendants and third-party plaintiffs-respondents-appellants.

Coughlin & Gerhart (Robert J. Smith of counsel), for third-party defendants-respondents.

MAHONEY, P. J., CASEY, WEISS and MERCURE, JJ., concur.


LEVINE, J.

Plaintiff's tavern in the Town of Kirkwood, Broome County, adjoins an undeveloped lot owned by defendant Gary Wood. When plaintiff purchased the tavern property in 1983 from defendants Clinton Wood and Ralph Wood, he entered into an agreement with defendants giving plaintiff the right to use the adjoining lot for parking by tavern patrons, terminable by defendants on 60 days' notice for "a legitimate...

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