Mancini v. Kaminski

I dissent. The parties are adjoining lot owners in the City of Utica. The uncontradicted evidence demonstrates beyond doubt that all of the reconstructed piers or footings supporting the posts to which defendants’ fence is connected encroach upon plaintiffs property. The tops of all footings are beneath the surface of the earth and each footing extends *1046into plaintiffs property, the range of which is from 0.60 feet for one to 1.11 feet for another. Plaintiff discovered the encroachments during the construction of the footings and made immediate objection to the defendants. Upon dismissing the…