NAUTILUS LAND OWNERS CORP. v. GILBERT


253 A.D.2d 862 (1998)

678 N.Y.S.2d 513

Nautilus Land Owners Corporation, Respondent, v. Stuart Gilbert et al., Appellants

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

September 28, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants installed a fence around their property in 1982. That same year, the plaintiff's representative wrote to the defendants to inform them that their newly-installed fence was on the plaintiff's property and should be moved. The defendants never moved the fence. This action, which was commenced approximately 13 years...

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