PENN HEIGHTS BEACH CLUB, INC. v. MYERS


42 A.D.3d 602 (2007)

839 N.Y.S.2d 570

PENN HEIGHTS BEACH CLUB, INC., Appellant-Respondent, v. NANCY MYERS, Respondent-Appellant and RICHARD H. BERGER, Respondent.

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

Decided July 5, 2007.


Cardona, P.J.

In 1955, Roger Zanella filed a subdivision map that partitioned a large tract of land he owned in the Town of Edinburg, Saratoga County into 47 individual lots. The map also set forth certain internal roadways giving the lot owners access to Route 4 and the shore of the Sacandaga Reservoir. Thereafter, while Zanella retained title to the internal roadways, he sold the individual lots with deeds granting the new owners easements in common with the other...

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