SERBALIK v. GRAY


268 A.D.2d 926 (2000)

702 N.Y.S.2d 686

JOHN SERBALIK, Appellant, v. MARY K. GRAY, Respondent.

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

Decided January 27, 2000.


Peters, J.

Plaintiff and defendant are adjoining landowners in the Town of Queensbury, Warren County, with plaintiff purchasing his property in 1971 and defendant purchasing her property in 1991. Plaintiff's property is landlocked by defendant's property resulting in both deeds specifying that plaintiff holds "a right of way two rods wide along the shore of the aforesaid swamp to the highway".1 For as long as plaintiff owned his property...

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