Gibbs v. Porath

Appeal from an order of the Supreme Court (Demarest, J.), entered July 20, 2015 in Franklin County, upon a decision of the court awarding damages to plaintiff.

The facts of this case are set forth in detail in a prior decision (121 AD3d 1210 [2014]) and are briefly summarized as follows. This action was commenced in August 2010 to resolve a boundary line dispute between the owners of adjoining parcels located in the Town of Chateaugay, Franklin County. The disputed area of property included two man-made ponds that are referenced as the upper and lower ponds. Plaintiff alleged that defendants…