WEIR v. GIBBS


46 A.D.3d 1192 (2007)

849 N.Y.S.2d 97

CANDACE K. WEIR et al., Appellants, v. PETER E. GIBBS et al., Respondents.

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

Decided December 20, 2007.


Peters, J.

In 1978, plaintiff Candace K. Weir (hereinafter plaintiff) and her husband, David A. Weir Jr.,1 acquired certain real property in the Town of Westport, Essex County, which is abutted by Lake Champlain to the east and is situated to the south of defendants' property. Several private roads provided access to this and other parcels of land from the public roads. One such private road...

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