VILL. OF KENMORE v. NEISS


96 A.D.2d 1146 (1983)

Village of Kenmore, Respondent, v. Veronica Neiss et al., Appellants, and Rose Bumbaco et al., Respondents

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

September 23, 1983


Judgment unanimously reversed, on the law and facts, with costs, and a new trial granted.

Memorandum:

Plaintiff instituted this action seeking the removal of a fence erected by defendants Neiss in close proximity to the residence of their neighbors Rose and Philip Bumbaco. The village contended that the fence was in violation of a recently enacted zoning ordinance that prohibited a fence from being constructed less than three feet away from a neighbor's residence...

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