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ALBRIGHT v. DAVEY

506638

68 A.D.3d 1490 (2009)

2009 NY Slip Op 9576

892 N.Y.S.2d 575

JOHN J. ALBRIGHT et al., Appellants-Respondents, v. WILLIAM DAVEY et al., Respondents-Appellants.

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

Decided December 24, 2009.

Spain, J.

This is a dispute over the width and permissible uses of a driveway easement over defendants' land for the benefit of plaintiffs. The easement was created in 1980, when plaintiffs took title to a portion of a larger parcel of property located in the Town of Marbletown, Ulster County, which was jointly owned by plaintiff John J. Albright (hereinafter plaintiff), his parents, and his siblings. Plaintiffs' deed granted them a driveway easement over land retained...

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