SHAPIRO v. UNGAR


46 A.D.3d 1069 (2007)

847 N.Y.S.2d 705

JOAN SHAPIRO et al., Respondents, v. AINE D. UNGAR, Appellant.

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

Decided December 13, 2007.


Spain, J.

Plaintiffs and defendant own adjoining tracts of land. The two tracts were originally a single parcel belonging to Helen Ungar. Upon her death, the land was divided into two parcels by a stipulation and Surrogate's Court decree. The decree gave the parties various rights to each other's adjacent land including, among other things, a grant to plaintiffs of a visual easement over a portion of defendant's land, and the right of plaintiffs to the recreational...

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