Greenberg v. Manlon Realty, Inc.

'In this action to recover damages, inter alla, for an alleged encroachment upon plaintiff’s real property, defendant appeals from an order of the Supreme Court, Queens County, dated September 10, 1973, winch (1) granted plaintiffs’ motion for summary judgment in part, that is, on the second and third causes of action, which are based on the alleged encroachment, and (2) ordered an assessment of damages. Order reversed, with $20 costs and disbursements, and motion denied in its entirety, without prejudice to renewal of .the motion by plaintiffs, if so advised, on proper papers and affidavits…