PHILLIPS v. IADAROLA

510476.

81 A.D.3d 1234 (2011)

917 N.Y.S.2d 392

ARLENE PHILLIPS et al., Appellants, v. CARMINE IADAROLA, Also Known as CARMINE IADAROLA, JR., Also Known as CARMINE R. IADAROLA, JR., et al., Respondents, et al., Defendants.

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

Decided February 24, 2011.


MALONE JR., J.

Defendant Lorrie Place owns a landlocked parcel of property that enjoys a 20-foot-wide deeded easement for a right-of-way over plaintiffs' respective adjoining parcels in order to access a public road. After Place installed below-surface utility lines in the right-of-way as necessary to complete the construction of a house that she was building on her property, plaintiffs commenced this action against Place, defendant Carmine Iadarola and defendant...

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