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TUSA v. CABLEVISION

262 A.D.2d 306 (1999)

691 N.Y.S.2d 105

SAL TUSA, Respondent, v. CABLEVISION et al., Appellants, and LONG ISLAND LIGHTING COMPANY, Defendant and Third-Party Plaintiff-Appellant. BAYVIEW AT MATTITUCK HOMEOWNERS ASSN., INC., Third-Party Defendant-Appellant.

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

Decided June 1, 1999.

Ordered that the order is affirmed, with costs.

An instrument creating an estate or interest in real property must be construed according to the intent of the parties, insofar as the intent can be gleaned from the instrument as a whole (Real Property Law § 240 [3]; Mandia v King Lbr. & Plywood Co., 179 A.D.2d 150, 158). Here, when the plaintiff acquired title to his home within a residential subdivision in 1987,...

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