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Davis v. Fekete

Appellate Division of the Supreme Court of New York, Third Department
Dec 18, 1997
245 A.D.2d 823 (N.Y. App. Div. 1997)

Opinion

December 18, 1997

Appeal from the Supreme Court (Ingraham, J.).


Plaintiffs and defendants own adjoining residential parcels of real property in the Village of Bainbridge, Chenango County. As the result of a series of unfortunate incidents and continuing ill-will between the parties, plaintiffs commenced this action for, inter alia, a determination of the parties' common boundary line. Following the receipt of unverified, nonresponsive and largely incomprehensible signed statements by defendants, plaintiffs moved for summary judgment. Supreme Court granted the motion to the extent of establishing the parties' common boundary line in accordance with a survey prepared on plaintiffs' behalf and also ordering defendants to replace plaintiffs' mailbox to its original location, to remove all boundary line obstructions and encroachments except for defendants' encroaching garage and to cease and desist from their harassment of plaintiffs. Defendants appeal and we now affirm. Although lending some insight into the origins of defendants' animosity, none of the papers submitted in opposition to the summary judgment motion raised a legitimate factual issue precluding Supreme Court's partial grant of summary judgment.

Cardona, P.J., Casey, Spain and Carpinello, JJ., concur.

Ordered that the order is affirmed, with costs.


Summaries of

Davis v. Fekete

Appellate Division of the Supreme Court of New York, Third Department
Dec 18, 1997
245 A.D.2d 823 (N.Y. App. Div. 1997)
Case details for

Davis v. Fekete

Case Details

Full title:GORDON W. DAVIS et al., Respondents v. CSABA V. FEKETE et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 18, 1997

Citations

245 A.D.2d 823 (N.Y. App. Div. 1997)
665 N.Y.S.2d 597