PEKAREK v. VOTAW


216 A.D.2d 829 (1995)

628 N.Y.S.2d 859

Henry R. Pekarek et al., Respondents, v. Clarence H. L. Votaw et al., Defendants, and Michael D'Angelo et al., Appellants

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

June 29, 1995


Cardona, P. J.

Plaintiffs and defendants Michael D'Angelo and Carmela D'Angelo (hereinafter collectively referred to as defendants) are owners of neighboring parcels of land located in the Town of Colchester, Delaware County. In 1980, plaintiffs commenced this action seeking a judgment declaring that they had an easement by grant, prescription and necessity over a portion of defendants' property. Although defendants...

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