Sawyer v. Prusky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Krogmann, J.), entered January 6, 2009 in Washington County, which granted defendants’ motion to dismiss plaintiffs’ second cause of action.
Plaintiffs and defendants own adjoining parcels of lakefront property located in the Town of Argyle, Washington County. It is undisputed that, at the time plaintiffs acquired their property in 1997 (hereinafter the Sawyer property), the boundary line between the Sawyer property and the property later acquired (in 1999) by defendants (hereinafter the Prusky property) was marked by iron survey pipes and a common…
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