KURTZ v. FOY


65 A.D.3d 741 (2009)

884 N.Y.S.2d 498

BRYAN KURTZ et al., Respondents, v. THOMAS FOY et al., Appellants.

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

Decided August 6, 2009.


Garry, J.

In November 2004, plaintiffs purchased from defendants a 3.28-acre parcel of lakefront property in the Town of Greenfield, Saratoga County. A dirt-and-gravel roadway known as Braden Road runs across the property, roughly parallel to the shoreline. Plaintiffs claim that prior to their purchase and in response to their inquiries, defendants repeatedly assured them that the roadway was private. They allegedly showed plaintiffs a survey map on which the roadway...

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