PATTERSON v. PALMIERI


307 A.D.2d 668 (2003)

762 N.Y.S.2d 845

BRUCE E. PATTERSON, Respondent, v. SALVATORE PALMIERI et al., Appellants.

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

Decided July 31, 2003.


Lahtinen, J.

When the parties' boundary line dispute was previously before us, we reversed and denied, without prejudice, so much of Supreme Court's order as had granted plaintiff's motion for partial summary judgment (284 A.D.2d 852 [2001]). We noted in our decision that plaintiff did not meet his threshold burden as the movant on a motion for summary judgment because he "failed to provide an affidavit from his surveyor or other...

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