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MODICA v. INC. VILL. OF SALTAIRE

202 A.D.2d 376 (1994)

609 N.Y.S.2d 597

Charles R. Modica et al., Appellants, v. Incorporated Village of Saltaire et al., Respondents

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

March 31, 1994

We agree with the IAS Court that the language in the deed is clear and unambiguous and that there is no need to look outside the instrument to ascertain the intention of the parties (see, Loch Sheldrake Assocs. v Evans, 306 N.Y. 297, 305). The deed states that "the party of the second part", defendant Saltaire, is to use Parcel 2 "as a means of ingress and egress" from Maple Avenue to Parcel 1, there being no provision for ingress...

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