Kennedy v. Nimons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLynch, J.
Appeal from an order of the Supreme Court (Zwack, *1230J.), entered July 3, 2013 in Rensselaer County, which, among other things, denied plaintiffs cross motion for summary judgment.
Plaintiff commenced this action pursuant to RPAPL article 15 seeking to establish the western boundary line of his property pursuant to a 2010 survey prepared by a licensed surveyor, Henry Whitbeck, as subsequently amended in 2012. Defendants answered and counterclaimed asserting that plaintiff had encroached on their property, as reflected in the 2008 survey of Rodney Michael, also a licensed surveyor. Defendants…
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