MARSHALL FARMS v. SNYDER CO.


189 Misc.2d 784 (2001)

735 N.Y.S.2d 374

OTIS MARSHALL FARMS, INC., Plaintiff, v. SNYDER CONSTRUCTION COMPANY, INC., Defendant.

Supreme Court, Madison County.

December 24, 2001.


Attorney(s) appearing for the Case

Scolaro, Shulman, Cohen, Lawler & Burstein, P. C., Syracuse (Neil M. Gingold of counsel), for plaintiff.

Frank J. Vavonese, Syracuse, for defendant.


OPINION OF THE COURT

WILLIAM F. O'BRIEN, III, J.

In this action pursuant to article 15 of the RPAPL to compel the determination of claims to real property, plaintiff, Otis Marshall Farms, Inc., presently seeks summary judgment on the first cause of action in its complaint. The cause of action states that an agreement created in November of 1960 between defendant, Snyder Construction Co., and Curtis and Wava Roher allowing defendant to take gravel from a...

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