Patterson v. Palmieri

Appeal from an order of the Supreme Court (Best, J.), entered March 25, 2002 in Hamilton County, which granted plaintiff’s motion for partial summary judgment.

When the parties’ boundary line dispute was previously before us, we reversed and denied, without prejudice, so much of Supreme Court’s order as had granted plaintiff’s motion for partial summary judgment (284 AD2d 852 [2001]). We noted in our decision that plaintiff did not meet his threshold burden as the movant on a motion for summary judgment because he “failed to provide an affidavit from his surveyor or other evidentiary proof in…