I.B. A. Scheiber, Inc. v. Connolly

Full title: I.B. A. SCHEIBER, INC., Respondent, v. JAMES CONNOLLY et al., Appellants

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

Date published: Feb 16, 1999

258 A.D.2d 561 (N.Y. App. Div. 1999)

683 N.Y.S.2d 896

Opinion

February 16, 1999

Appeal from the Supreme Court, Putnam County (Benson, J.H.O.).

Ordered that the judgment is affirmed, with costs.

This action involves a property-line dispute between parties who are owners of adjacent parcels of real property located in Putnam Valley, New York. The parties presented conflicting expert testimony as to the proper boundary line. The Supreme Court's determination to accept the testimony of the plaintiff's expert is supported by the weight of the credible evidence (see, Stratton v. Keefe, 191 A.D.2d 871; Briggs v. Di Donna, 176 A.D.2d 1105; Levy v. Braley, 176 A.D.2d 1030).

The defendants' contention that this action is time-barred was raised and decided adversely to them on a prior appeal (see, I.B. A. Scheiber v. Connolly, 224 A.D.2d 588).

The defendants' remaining contentions are without merit.

Mangano, P. J., Sullivan, Joy and Altman, JJ., concur.