Appellate Division of the Supreme Court of the State of New York, Third Department.
Cardona, P.J.
In September 1990, Rudolph Palyswiat and his wife purchased a home on a pie-shaped parcel of land located at 10 Virginia Street in the Town of Harrietstown, Franklin County. That parcel contained approximately 50 feet of westerly frontage on Virginia Street and narrowed to a northeasterly point. Notably, the Palyswiat deed referenced a 20-foot right-of-way (hereinafter ROW) "to freely pass and repass" over property owned by plaintiff which served as...
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