O'CONNOR v. DEMAREST

508059.

74 A.D.3d 1522 (2010)

902 N.Y.S.2d 714

ROBERT E. O'CONNOR, Respondent, v. TIMOTHY M. DEMAREST et al., Appellants.

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

Decided June 10, 2010.


Lahtinen, J.

In July 2003, defendants agreed, as part of the settlement of litigation involving real property in the Town of Ancram, Columbia County, to convey an easement to plaintiff and also to construct thereon, within a set period of time, a driveway that complied with the pertinent municipal requirements. When the driveway was not constructed within the specified time period, plaintiff commenced an action in November 2005 seeking specific performance. On April...

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