Sanders v. Fiore

This is a motion by plaintiffs for partial summary judgment directing defendants either to remove or to lower the height of a fence constructed around a swimming pool, which defendants erected in their backyard at 365 Earl Avenue, Oneida, New York. Defendants have a common line with the backyard of plaintiffs, residing at 358 Cleveland Avenue, Oneida, New York. In addition, the complaint seeks the restoration of a prior ornamental picket fence allegedly removed by defendants, and damages for trespass, which raises the basic actual issue of the location of the common boundary line for trial…