Farrer v. Piecuch

This action is brought to permanently restrain the defendants from trespassing upon certain real property to which the plaintiffs claim to be entitled to possession. The answer denies the material allegations of the complaint, pleads a counterclaim for damages arising out of the alleged trespass by the plaintiffs upon the defendants’ property, and then *573pleads as an affirmative defense that the lands occupied by the plaintiffs or a portion thereof upon which the trespass by the defendants is alleged to have occurred consists of filled in lands, title to which is in. the State of New York. This…