PLATTEKILL MTN. SKI CHALET, LLC v. SKI PLATTEKILL, INC.

514456.

100 A.D.3d 1094 (2012)

953 N.Y.S.2d 374

PLATTEKILL MOUNTAIN SKI CHALET, LLC, Respondent, v. SKI PLATTEKILL, INC., Appellant.

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

November 1, 2012.


Rose, J.P.

Plaintiff owns a parcel of real property located within a ski area owned by defendant in the Town of Roxbury, Delaware County. Plaintiff's only means of accessing its parcel is over a right-of-way (hereinafter ROW) running through defendant's surrounding land. After disputes arose between the parties as to the location and scope of the ROW in 2006, plaintiff commenced an action in County Court pursuant to RPAPL article 15 and, in 2007, the court issued...

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