WORDEN v. WORDEN


289 A.D.2d 862 (2001)

735 N.Y.S.2d 220

SHARON WORDEN, Respondent, v. ELSIE WORDEN, Appellant.

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

Decided December 20, 2001.


Spain, J.

Plaintiff and defendant reside on adjacent parcels of property in a rural area of Ulster County. Plaintiff is defendant's daughter and a frequent visitor to defendant's property. Defendant's 1.26-acre parcel, which she and her husband purchased some 45 years ago, is surrounded by an old stone wall which apparently had been built long ago without mortar and had collapsed at least 30 years ago. While on defendant's property in February 1997, plaintiff walked...

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