YAUCHLER v. SERTH

516980

114 A.D.3d 1069 (2014)

980 N.Y.S.2d 609

2014 NY Slip Op 1233

GENE YAUCHLER, Appellant, v. JOSEPH SERTH, Respondent.

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

Decided February 20, 2014.


McCARTHY, J.

Appeal from a judgment of the Supreme Court (Reilly Jr., J), entered August 2, 2012 in Schenectady County, which, among other things, granted defendant's cross motion for summary judgment dismissing the complaint.

In October 2005, defendant sold plaintiff a parcel of lakefront property. In the deed, defendant reserved to himself certain rights to the use and "stewardship" of a boat launch area and agreed to assume certain responsibilities related...

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