Schaefer v. Dehauski

Appeal from an order of the Supreme Court, Oneida County (John W. Grow, J.), entered January 31, 2007. The order, insofar as appealed from, granted plaintiffs’ motion in part and granted plaintiffs partial summary judgment and ordered a hearing to determine the portion of the fence to be removed from defendant’s property.

*1503It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the motion is denied in its entirety.

Memorandum: Plaintiffs commenced this action seeking, inter alia, an order determining that the fence built by defendant…