Smullens v. MacVean
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrew Iii, J.
Appeal from an order of the Supreme Court (White, J.), entered June 11, 1991 in Fulton County, which, inter alia, partially granted defendants’ motion to dismiss the complaint in action No. 1.
*1106All of the parties are neighbors who reside in private homes adjacent to each other in the Town of Johnstown, Fulton County. The parties appear to have difficulty in relating to one another. On or about February 6, 1990, a wooden fence allegedly located on plaintiffs’* property was destroyed. Plaintiffs accused defendants of destroying the fence. In April 1990, Catherine commenced action No. 1 against…
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