MILLER v. RAU


193 A.D.2d 868 (1993)

597 N.Y.S.2d 532

Duane S. Miller, Appellant, v. John W. Rau et al., Respondents

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

May 6, 1993


Levine, J.

The parties own adjacent lots located in the Town of Summit, Schoharie County. Plaintiff's 75-acre parcel to the northeast of defendants' parcel is landlocked, except for his claim to a prescriptive easement over a roadway located on defendants' property. The Town and County ceased maintaining the roadway in the 1930s after it fell out of public use. In 1940, a common grantor conveyed the respective parcels to the parties' predecessors in title...

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