N. Y. ELEC. & GAS v. PERSSON


64 A.D.2d 194 (1978)

New York State Electric & Gas Corp., Respondent, v. Bruce G. Persson, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 19, 1978


Attorney(s) appearing for the Case

Paternoster, Estes & O'Leary (Robert L. Estes of counsel), for appellant.

Levene, Gouldin & Thompson (Paul C. Gouldin of counsel), for respondent.

SWEENEY, J. P., KANE, STALEY, JR., and MIKOLL, JJ., concur.


HERLIHY, J.

The plaintiff and defendant are owners of adjoining lots in Walton, New York. This dispute arose when the defendant placed a line of fence posts along his claimed boundary line in a way which prevented the plaintiff from using a driveway and swing around area which lies along the boundary of the two parcels and which provides access to a public street. The plaintiff asserts that its user of this area...

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