LINNANE v. LANZELLOTTO


202 A.D.2d 400 (1994)

608 N.Y.S.2d 524

Gerald P. Linnane, Appellant, v. Michael J. Lanzellotto et al., Respondents

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

March 7, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The trial court properly dismissed those causes of action sounding in trespass for the reason that the complaint failed to allege that the property on which the fence removed by the defendants was located, was owned by the plaintiff, whether by record title or adverse possession. The cause of action alleging ownership by the plaintiff of a certain parcel of real property by adverse possession...

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