Legal Opinion

Trinkle v. Cordisco

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 1996PublishedCited by 2 opinions

1Opinion of the Court

*434The plaintiffs and the defendants, owners of adjoining parcels of property, each claimed, inter alia, title to a triangular strip of property over which the plaintiffs maintained a driveway to their home. The jury determined, inter alia, that the strip was owned by the defendants.

In an action to determine a boundary line, a plaintiff must locate the boundary with a fair degree of certainty (see, 1 Warren’s Weed, New York Real Property, Boundaries, § 4.05 [1]; cf., Sarfaty v Evangelist, 142 AD2d 995). Here, the plaintiffs presented unrebutted expert testimony and documentary evidence that the…

2Cases cited4 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Lanza v. WagnerNew York Court of Appeals · 1962
  3. Prozeralik v. Capital Cities Communications, Inc.New York Court of Appeals · 1993
  4. Sarfaty v. EvangelistAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by2 opinions

  1. Crown Fire Supply Co. v. CroninAppellate Division of the Supreme Court of the State of New York · 2003
  2. Matthews v. GarrettAppellate Division of the Supreme Court of the State of New York · 2003

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