Legal Opinion

Town of Fishkill v. Turner

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

Decided March 24, 2009PublishedCited by 10 opinions

1Opinion of the Court

In an action, inter alia, pursuant to RPAPL 871 for an injunction compelling the defendants to remove a fence allegedly encroaching on the plaintiffs real property, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated November 5, 2007, which denied that branch of its motion which was for summary judgment on the complaint and, in effect, denied, as academic, that branch of its motion which was for summary judgment dismissing the counterclaim.

Ordered that the order is modified, on the law, by deleting the provision thereof which, in effect, denied, as…

2Cases cited10 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Generalow v. SteinbergerAppellate Division of the Supreme Court of the State of New York · 1987
  4. Medvin v. GrauerAppellate Division of the Supreme Court of the State of New York · 1974
  5. Hoffmann Investors Corp. v. YuvalAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by10 opinions

  1. Marsh v. HoganAppellate Division of the Supreme Court of the State of New York · 2011
  2. Broser v. SchubachAppellate Division of the Supreme Court of the State of New York · 2011
  3. Averaimo v. TavaresAppellate Division of the Supreme Court of the State of New York · 2012
  4. Arcamone-Makinano v. Britton Property, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Broser v. SchubachAppellate Division of the Supreme Court of the State of New York · 2011

5 more not listed; retrieve them via the Exa API.

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