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JORDAN v. VOGEL

59 A.D.3d 919 (2009)

874 N.Y.S.2d 306

ALLAN L. JORDAN et al., Appellants, v. JOHN J. VOGEL, Defendant, and MICHAEL S. WALLACE, Respondent.

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

Decided February 26, 2009.

STEIN, J.

This appeal involves the description and location of an easement. Plaintiffs acquired the easement in question from William Egan Jr., allowing them to use water from a pond on Egan's property to generate electricity for their home. Defendants Michael S. Wallace and John J. Vogel each later acquired land from Egan's widow, with Vogel acquiring the land subject to plaintiffs' easement. Wallace subsequently sold to plaintiffs a portion of his land which bordered...

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