KAPPES v. RUSCIO


170 A.D.2d 743 (1991)

Donald W. Kappes, Sr., et al., Respondents, v. Peter V. Ruscio et al., Appellants

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

February 7, 1991


Mercure, J.

Plaintiffs and defendants own adjoining parcels of land fronting on Broadway in the City of Schenectady, Schenectady County. In 1965, James Peek, the prior owner of plaintiffs' property, constructed a chain-link fence slightly inside the boundary line between the parcels, leaving a narrow strip of property which he owned on defendants' side of the fence. Later that year, defendants paved their driveway, applying blacktop over this strip, right...

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