BIRKHOLZ v. WELLS


272 A.D.2d 665 (2000)

708 N.Y.S.2d 168

THOMAS J. BIRKHOLZ et al., Appellants, v. SUSAN J. WELLS et al., Respondents.

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

Decided May 4, 2000.


Mercure, J.

Defendant Susan J. Wells and defendants Kenneth E. Gussow and Rochelle B. Gussow (hereinafter collectively referred to as defendants) own adjoining parcels of real property fronting on Monte Vista Drive in the Town of Warrensburg, Warren County. Their rear (east) property lines abut a parcel of land owned by plaintiffs. It is undisputed that for a number of years, defendants and the Gussows' predecessors in title treated a portion of plaintiffs' property...

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