Valentine v. Smith

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered August 6, 1981 in Schenectady County, upon a decision of the court at Trial Term (Cerrito, J.), without a jury. This action was commenced pursuant to article 15 of the RPAPL to compel the determination of a claim to real property. Plaintiff’s property is contiguous to that owned by defendant. The complaint alleges that defendant encroached upon plaintiff’s land. The proof showed that defendant constructed a number of improvements on his property. Plaintiff produced a licensed surveyor who testified that, according to a…