BARNES v. OCEANUS NAVIGATION CORP., LTD.


21 A.D.3d 975 (2005)

801 N.Y.S.2d 368

RICHARD E. BARNES et al., Appellants, v. OCEANUS NAVIGATION CORPORATION, LTD., Respondent.

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

September 19, 2005.


Ordered that the order and judgment is affirmed, with costs.

Prior to a nonjury trial, the parties entered into a stipulation in which they agreed, inter alia, on the following facts. Pursuant to a contract dated June 2, 1976, between Carl E. Barnes (hereinafter the seller) and the defendant (hereinafter the buyer), the seller agreed to convey 100.7 acres of property to the buyer. For an annual payment of $100, the seller was granted an exclusive easement over a 10...

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