MEYERS v. CAREY

507804.

75 A.D.3d 949 (2010)

904 N.Y.S.2d 824

FRANCES PATRICIA MEYERS et al., as Trustees of the LILLIAN HOMENICK FAMILY TRUST, Respondents, v. MARY LYNN CAREY, Also Known as MARY LYNN FABIANO, Appellant.

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

Decided July 22, 2010.


Malone Jr., J.

Plaintiffs and defendant own adjoining properties in the Town of Saugerties, Ulster County that were once part of one large parcel, and a stone driveway over defendant's lot is the only developed means by which plaintiffs are able to access their lot. In 2005, after plaintiffs entered into a contract to sell their property, defendant informed the potential purchasers that she would not allow them to use the driveway to access the property. Apparently...

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