SAMBROOK v. SIEROCKI

503957.

2008 NY Slip Op 06244

FREDERICK W. SAMBROOK ET AL., Appellants, v. JOSEPH W. SIEROCKI ET AL., Respondents.

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

Decided and Entered: July 10, 2008.


Attorney(s) appearing for the Case

John J. Cromie, Ballston Spa, for appellants.

Murphy, Burns, Barber & Murphy, L.L.P., Albany (Peter G. Barber of counsel), for respondents.

Before: Mercure, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.


MEMORANDUM AND ORDER

KAVANAGH, J.

In November 1988, John Laing applied for and received approval for a five-parcel residential subdivision located on Vley Road in the Town of Glenville, Schenectady County. Three of the owners executed a declaration of easement creating a common driveway. Subsequently, plaintiffs and defendants each acquired title to a lot; defendants' property was subject to the existing easement and plaintiffs' property included an easement...

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