Moore v. County of Rensselaer

Appeal from an order of the Supreme Court (Keniry, J.), entered December 23, 1988 in Rensselaer County, which granted defendants’ motions for summary judgment dismissing the amended complaint.

The complaint of plaintiffs, William J. Wynne and Mildred R. Wynne,* alleges that defendants made improvements to County Road 27, owned by defendant Rensselaer County, and Wemple Road, owned by defendant Town of Stephentown, resulting in encroachments upon their lands. Both defendants moved for summary judgment, supporting their motions with a survey and an affidavit from a surveyor. The surveyor…