Van Gorder v. Eastchester Estates, Inc.

Plaintiff is the owner of real property in the town of Bastchester, Westchester County, New York, commonly described as 120 Overhill Boad. Immediately in the rear of her property is land purchased by the defendant, Bastchester Estates, Inc., for the purpose of residential real estate development. Along and extending on both sides of the boundary between the two parcels of realty was a stone wall described by plaintiff’s expert Forsberg as “an old form fence with an underground footing ” between four and five feet wide tapering from its lowest point to the top of the wall about three feet *338above…