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McCOLGAN v. BREWER

511277.

84 A.D.3d 1573 (2011)

923 N.Y.S.2d 276

JOHN McCOLGAN, Respondent, v. DONALD BREWER et al., Defendants, and PHILIP KIRSCHNER, Appellant.

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

Decided May 12, 2011.

STEIN, J.

In 1953, a parcel of real property in the Town of Rosendale, Ulster County owned by Edith Kelley was divided by the construction of the New York State Thruway. As a result, the portion of Kelley's parcel east of the Thruway, together with several neighboring properties, became landlocked. Rose Klepeis, the owner of the property immediately south of Kelley's landlocked property, entered into a series of right-of-way agreements with her northerly neighbors...

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