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CARVER v. HENRY RIPPETOE

43 A.D.3d 627 (2007)

841 N.Y.S.2d 394

NENA M. CARVER, Appellant, v. JOHN HENRY RIPPETOE et al., Defendants and Third-Party Plaintiffs-Respondents. UNITED GENERAL TITLE INSURANCE COMPANY, Third-Party Defendant-Respondent.

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

Decided August 30, 2007.

Crew III, J.P.

We are dealing here with a dispute between adjacent landowners concerning a purported easement over property located in the Town of Middletown, Delaware County. The parcels in question emanated out of real property owned by Alexander Morrison, who died intestate in 1916, and which property then passed to his sons, William Morrison and James Morrison. The sons then divided the property between themselves. James received a seven-acre parcel adjacent to...

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