MARSH v. HOGAN


56 A.D.3d 1090 (2008)

867 N.Y.S.2d 786

JAMES E. MARSH, Respondent, v. PATRICK HOGAN et al., Appellants.

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

November 26, 2008.


Plaintiff owns a landlocked parcel abutting defendants' property. In 1985, to resolve his action to establish an easement by necessity, plaintiff entered into a settlement agreement with three of defendants' predecessors in title, including Charles Farrell. The settlement agreement created a right-of-way in favor of plaintiff over what is now defendants' property. Pursuant to that agreement, in 1990 Farrell obtained a survey of his property containing a proposed subdivision...

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