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LEAMAN v. McNAMEE

58 A.D.3d 918 (2009)

870 N.Y.S.2d 612

LEONARD S. LEAMAN JR. et al., Respondents, v. JAMES M. McNAMEE, Appellant.

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

January 8, 2009.

LAHTINEN, J.

The parties dispute the location and length of an easement providing for a "road or private way" on defendant's property. In 1911, brothers James McNamee and Daniel McNamee purchased a parcel on Queechy Lake in Columbia County as tenants in common, and the relevant property has since remained in the family; plaintiffs are descendants of Daniel McNamee and defendant is a descendant of James McNamee. At the time...

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