Loree v. Barnes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Steuben County (Joseph W. Latham, A.J.), entered June 6, 2008 in an action pursuant to RPAPL 871. The order denied plaintiffs motion for summary judgment and dismissed the amended complaint without prejudice.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this action pursuant to RPAPL 871 seeking an injunction requiring James G. Barnes and Mary C. Barnes (defendants) to remove asphalt that encroaches on the northern boundary of property owned by plaintiff in fee with his wife…
2Cases cited6 opinions
- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Hitchcock v. BoyackAppellate Division of the Supreme Court of the State of New York · 1998
- Weichert v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1997
- Comrie, Inc. v. HolmesAppellate Division of the Supreme Court of the State of New York · 2007
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