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MARSH v. HOGAN

510528.

81 A.D.3d 1241 (2011)

JAMES E. MARSH, Appellant, v. PATRICK HOGAN et al., Respondents.

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

Decided February 24, 2011.

EGAN JR., J.

Plaintiff owns a landlocked parcel of property that abuts defendants' property. Plaintiff purchased his parcel in 1979 and, in 1983, commenced an action for an easement by necessity against defendants' predecessors in title. In 1985, plaintiff, defendants' predecessors in title and Charles Farrell—a real estate developer—entered into a settlement agreement, which created an easement in favor of plaintiff over the property now held by defendants...

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