Legal Opinion

Thomson v. Nayyar

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

Decided December 27, 2011PublishedCited by 6 opinions

1Opinion of the Court

*1025In support of their motion, and to establish the defendants’ alleged encroachment, the plaintiffs submitted a survey by a *1026certified surveyor which depicted, among other things, the property lines and the defendants’ fence allegedly encroaching on the plaintiffs property. However, this survey did not constitute competent evidence of the alleged encroachment, as it was not accompanied by an affidavit of the surveyor (see Greenberg v Manlon Realty, 43 AD2d 968, 969 [1974]; see also Seaman v Three Vil. Garden Club, Inc., 67 AD3d 889, 890 [2009]; City of New York v Gowanus Indus. Park, Inc., 65…

2Cases cited5 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Greenberg v. Manlon Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
  3. Patterson v. PalmieriAppellate Division of the Supreme Court of the State of New York · 2001
  4. Seaman v. Three Village Garden Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  5. City of New York v. Gowanus Industrial Park, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

3Cited by6 opinions

  1. Ramanathan v. AharonAppellate Division of the Supreme Court of the State of New York · 2013
  2. Madison 96th Associates, LLC v. 17 East 96th Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  3. 70 Pinehurst Avenue LLC v. RPN Management Co.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Sorbi v. FlugerAppellate Division of the Supreme Court of the State of New York · 2015
  5. Ramanathan v. AharonAppellate Division of the Supreme Court of the State of New York · 2013

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