Jones v. Breheny

—Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court erred in concluding that the parties agreed that defendants’ 1995 survey accurately depicts the boundary between the parties’ adjoining lots. Upon our review of the record, however, we conclude that the uncontroverted expert testimony establishes that the boundary is correctly depicted in that survey. Contrary to the contention of plaintiffs, they failed to prove the elements necessary to establish that they acquired title to the…