In this action seeking, inter alia, a return of plaintiffs' down payment, it was asserted that title to the property was unmarketable and uninsurable. Supporting this assertion, plaintiffs moved for summary judgment, presenting evidence that two surveyors who examined the subject property determined that wooden decks encroached almost 10 feet onto the adjacent property and that the boundary line on the north side of the subject property was eight feet south of where it should...
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