Opinion
2012-03-1
Joan Linda McKEAG, Appellant, v. Madison K. FINLEY, Individually and as Trustee of the Gardner A. Finley Marital Trust, et al., Respondents.
Tabner, Ryan & Keniry, L.L.P., Albany (John W. Tabner of counsel), for appellant. Bartlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls (Mark E. Ceresano of counsel), for respondents.
Tabner, Ryan & Keniry, L.L.P., Albany (John W. Tabner of counsel), for appellant. Bartlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls (Mark E. Ceresano of counsel), for respondents.
Before: LAHTINEN, J.P., SPAIN, STEIN and GARRY, JJ.
GARRY, J.
Appeal from an order of the Supreme Court (Hall Jr., J.), entered November 16, 2010 in Warren County, which, among other things, granted defendants' cross motion for summary judgment quieting title to certain real property.
Plaintiff owns a parcel of real property located on the western shore of Lake George in the Town of Bolton, Warren County. Defendants own the adjoining lakefront property, surrounding plaintiff's parcel on the north, west and south. Plaintiff's father, Nathan McKeag, operated a marina on the parcel now owned by plaintiff from approximately 1961 until his death in 1991, after which plaintiff continued to operate the business. Beginning in the early 1960s, McKeag and plaintiff used a 44–foot strip of defendants' lakefront property located immediately north of plaintiff's parcel (hereinafter the beach) as a swimming area for the marina's customers. Plaintiff commenced this action in 2006 seeking, among other things, to establish her adverse possession of the beach and of certain other areas where encroachments had been created. Defendants answered and counterclaimed seeking to claim title to the beach. Plaintiff moved for summary judgment and defendants cross-moved for the same relief. Supreme Court granted plaintiff's motion with respect to the encroachment areas, but denied plaintiff's motion and granted defendants' cross motion as to the beach. Plaintiff appeals.