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SCHWARTZBERG v. CHEUNG LUI

279 A.D.2d 466 (2001)

719 N.Y.S.2d 106

JEFFREY B. SCHWARTZBERG, Appellant, v. SHEK CHEUNG LUI et al., Respondents.

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

Decided January 8, 2001.

Ordered that the order is affirmed, with costs.

The burden of establishing ownership of the subject driveway was upon the plaintiff (see, Duggan v Hyland, 50 A.D.2d 1066; Judd v Chilson, 177 App Div 121). The plaintiff attempted to establish his case through the use of two surveys. The first survey did not establish that the driveway, used by both the plaintiff and the defendants, encroached upon the plaintiff's property...

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