VALENTINE v. SMITH


90 A.D.2d 919 (1982)

Philomena Valentine, Respondent, v. James M. Smith, Appellant

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

November 24, 1982


This action was commenced pursuant to article 15 of the RPAPL to compel the determination of a claim to real property. Plaintiff's property is contiguous to that owned by defendant. The complaint alleges that defendant encroached upon plaintiff's land. The proof showed that defendant constructed a number of improvements on his property. Plaintiff produced a licensed surveyor who testified that, according to a survey made under his supervision, among these improvements were...

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