Crepin v. Fogarty
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Supreme Court (Lynch, J.), entered November 26, 2007 in Rensselaer County, which granted defendants’ motion to dismiss the complaint.
Elaintiffs and defendants are disputing neighbors. Elaintiffs *838commenced this trespass action contending in their first and second causes of action that defendants’ underground septic system encroaches upon their property and, in their third and fourth causes of action, that an access easement granted in 1985 to defendants over the property now owned by plaintiffs had been extinguished by adverse possession or abandonment. Defendants…
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