MONDELLI v. HOMIK


288 A.D.2d 512 (2001)

732 N.Y.S.2d 144

MARIA MONDELLI, Respondent, v. ROBERT HOMIK et al., Appellants.

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

Decided November 1, 2001.


Mercure, J.

Plaintiff and defendants Robert Homik and Linda Homik (hereinafter collectively referred to as defendants) own adjoining parcels of real property in Delaware County. Defendants' deed contained the following grant: "The easterly line of [defendants' property] runs through a swamp. It is the intention of this instrument to also grant and convey to [defendants] a right to go upon that portion of the swamp on [plaintiff's property] to dig channels and convey...

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