Appellate Division of the Supreme Court of the State of New York December 28, 1995 (Rossignol v. Silvernail)

Mercure, J.

Appeal from an or*940der of the Supreme Court (Bradley, J.), entered December 22, 1994 in Columbia County, which, inter alia, granted plaintiff’s motion for summary judgment.

In 1967, defendant Evelyn Silvernail took title to real property in the Town of Claverack, Columbia County, which she and her husband, defendant Thomas Silvernail, thereafter utilized as their primary residence.