Overocker v. Madigan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Plaintiffs keep horses in a fenced pen on their property in the Town of Pittstown, Rensselaer County, where they allege that horses have been kept since before they purchased the property in 1989. Defendants, who purchased a neighboring property in 1994, hold a driveway easement at the edge of plaintiffs’ property and built a storm drain under the driveway in either 2005 or 2009. In 2010, plaintiffs commenced this action raising claims pursuant to RPAPL article 15 and for trespass to real property, alleging that the storm drain extends beyond the boundaries of defendants’ easement and onto…
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