ALT v. LAGA


207 A.D.2d 971 (1994)

617 N.Y.S.2d 84

Werner Alt et al., Respondents, v. Anthony J. Laga, Jr., et al., Appellants

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

September 30, 1994


Judgment unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated at Supreme Court (Parenti, J.). We add only that there is no merit to the contention that the clauses in the well and waterline agreement between the parties are repugnant. That agreement unambiguously granted plaintiffs an easement for four years, unless plaintiffs made a "bona fide effort to drill or dig a well on their land". The record supports the court's determination...

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