DUTCHER v. HOCKIN ALLEN

512255.

93 A.D.3d 1101 (2012)

941 N.Y.S.2d 323

2012 NY Slip Op 2359

RAYMOND G. DUTCHER JR. et al., Respondents, v. EDITH E. HOCKIN ALLEN, Appellant.

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

Decided March 29, 2012.


STEIN, J.

Plaintiffs and defendant own adjacent parcels of land (hereinafter lot 8 and lot 7, respectively). Defendant obtained lot 7 in 1989 by deed from her parents, who had purchased the lot from Florence Holton in 1938. In the 1938 conveyance, Holton "reserve[d] the right to the westerly twenty-five (25) feet of said [lot 7] as a roadway from the unnamed road on North to [lot 8]." The deed further specified that the roadway (hereinafter the right-of-way) was to...

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