Schaefer v. Dehauski

Appeal from a judgment of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered March 2, 2009. The judgment, following a nonjury trial, directed defendant to remove part of the fence erected on her property.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, defendant’s motion is granted in its entirety, and the complaint is dismissed.

Memorandum: Plaintiffs commenced this action seeking, inter alia, a determination that the fence built by defendant along the parties’ property boundary constituted a private nuisance. The fence…