SANDERS v. FIORE


53 Misc.2d 695 (1967)

Joseph Sanders et al., Plaintiffs, v. Alexander J. Fiore et al., Defendants

Supreme Court, Special Term, Madison County.

May 3, 1967


Attorney(s) appearing for the Case

Santry, Nemeti & McDermott for plaintiffs. Michael A. Perretta for defendants.


HOWARD A. ZELLER, J.

This is a motion by plaintiffs for partial summary judgment directing defendants either to remove or to lower the height of a fence constructed around a swimming pool, which defendants erected in their backyard at 365 Earl Avenue, Oneida, New York. Defendants have a common line with the backyard of plaintiffs, residing at 358 Cleveland Avenue, Oneida, New York. In addition, the complaint seeks the restoration of a prior ornamental...

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