Whipple v. Trail Properties, Inc.

Yesawich Jr., J.(1) Cross appeals (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Colabella, J.), entered June 20, 1995 in Putnam County, which, inter alia, partially granted defendants’ motion for partial summary judgment and made a declaration in their favor, and (2) appeal from an order of said court, entered January 29, 1996 in Putnam County, which, upon reargument, adhered to its prior decision.

In this boundary dispute, Supreme Court, in resolving the parties’ motions for summary judgment, found, inter alia, that there…