HOPPER v. FRIERY


260 A.D.2d 964 (1999)

689 N.Y.S.2d 305

LOIS B. HOPPER, Respondent, v. JAMES M. FRIERY, Appellant.

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

Decided April 29, 1999.


Graffeo, J.

Plaintiff commenced this action against defendant, an adjacent landowner, seeking, inter alia, a declaratory judgment that she had the right to an easement over a portion of defendant's property. Plaintiff moved for summary judgment, which was granted by Supreme Court. Defendant now appeals.

In December 1963, defendant and Frank Humphreys purchased undeveloped real property along the east side of Otsego Lake in Otsego County from Fenimore...

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