WEBSTER v. RAGONA


51 A.D.3d 1128 (2008)

857 N.Y.S.2d 780

GERARD WEBSTER et al., Respondents-Appellants, v. GIACINTO M. RAGONA et al., Defendants, and WALTER A. PEETERS, Appellant-Respondent.

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

Decided May 1, 2008.


Spain, J.

This action to quiet title has twice been before this Court, resulting in determinations that defendants Giacinto M. Ragona and Antoinette M. Ragona enjoyed an easement over the lands of adjacent landowners, plaintiffs (7 A.D.3d 850 [2004]), and that plaintiffs were entitled to recover damages and counsel fees resulting from the breach of the warranties and covenants in the deed given them by the former owner of the encumbered...

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