ALLEN v. MASTRIANNI


2 A.D.3d 1023 (2003)

768 N.Y.S.2d 523

W. PARK ALLEN et al., Appellants, v. JOSEPH E. MASTRIANNI et al., Respondents.

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

December 11, 2003.


Carpinello, J.

The parties to this real property dispute own adjoining properties on the shore of Lake George in the Town of Bolton, Warren County, in an area known as "Jacobi Point." Historically, plaintiffs and their predecessors-in-title accessed their property via a deeded right-of-way over defendants' property. In addition, plaintiffs allegedly used a "rear access way," also over defendants' property, to reach an otherwise inaccessible portion of their land....

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