DeMato v. Mallin

In an action, inter alia, pursuant to RPAPL 871 for the removal of encroaching structures upon real property, the defendants Barry Mallin and Gail Kriegel Mallin appeal from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated August 23, 2012, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendants Barry Mallin and Gail Kriegel Mallin which was for summary judgment dismissing the fifth cause of…