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TARSEL v. TROMBINO

37 CA 19-02309.

196 A.D.3d 1100 (2021)

2021 NY Slip Op 04419

Michael J. Tarsel et al., Respondents, v. James J. Trombino, Appellant.

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

Decided July 16, 2021.

Attorney(s) appearing for the Case

PULLANO & FARROW, ROCHESTER ( LANGSTON D. McFADDEN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE ( KAREN G. FELTER OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Carni, J.P., Lindley, Curran, Troutman and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs have an easement over a private road and strip of land owned by defendant, which provides access to their driveway and property. The condition of the strip of land deteriorated over time, and plaintiffs approached defendant about paving the strip to improve vehicular access to their driveway. Defendant...

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