SHEPARD v. COLELLA


206 A.D.2d 934 (1994)

616 N.Y.S.2d 120

L. William Shepard et al., Appellants, v. Christopher Colella et al., Respondents. Thomas H. Newcomb et al., Intervenors-Respondents. (Appeal No. 1.)

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

July 15, 1994


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly determined that it was the intent of the original grantor that "the rights of way located on the `Koenig's Point Subdivision' were subject to reasonable use by non-riparian owners, to include swimming, sunbathing, a single dock and a limited number of boat hoists or moorings which would not interfere with the rights of the riparian...

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