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SMULLENS v. MAC VEAN

200 A.D.2d 807 (1994)

608 N.Y.S.2d 877

Elizabeth L. Smullens, Respondent, v. Lawrence Mac Vean et al., Appellants. (And Another Related Action.)

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

January 6, 1994

Mikoll, J.

The complaint in this action seeks money damages from defendants for their entry upon plaintiff's property without permission and the destruction of the wooden fence marking the boundary line between adjoining property of plaintiff and defendants. Defendants answered and moved to dismiss the action (CPLR 3211 [a] [1] [on documentary evidence, viz., the deed]) and for leave to amend their answer...

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