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SIMMONS v. ABBONDANDOLO

184 A.D.2d 878 (1992)

H. Everett Simmons, Appellant, v. Bruno Abbondandolo et al., Respondents

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

June 11, 1992

Mercure, J.

By deed dated November 15, 1980, plaintiff and his wife conveyed a portion of a parcel of real property which they owned on State Route 23 in the Town of Harpersfield, Delaware County, to defendants. Of greatest interest here is the deed's reservation of a right-of-way over an existing driveway providing a means of access to the property retained by plaintiff and his wife. The specific language of the reservation follows: "EXCEPTING AND RESERVING...

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