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OISTACHER v. ROSENBLATT

220 A.D.2d 493 (1995)

631 N.Y.S.2d 935

Mark Oistacher et al., Respondents, v. Norman Rosenblatt et al., Appellants

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

October 10, 1995

Ordered that the judgment is affirmed, with costs.

In 1989, the plaintiffs, Mark and Elizabeth Oistacher, contracted with John Merritt to purchase 35 Anchor Drive in Massapequa. The defendants, Norman and Karen Rosenblatt, were the owners of the neighboring property at 37 Anchor Drive. A survey indicated that a triangular parcel of the defendants' property was on the 35 Anchor Drive side of the fence separating the backyards. When Merritt was advised of the problem...

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