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KELLY v. SCHWEND

15 A.D.3d 450 (2005)

789 N.Y.S.2d 723

MARTIN KELLY, Appellant, v. GREGORY SCHWEND et al., Respondents.

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

February 14, 2005.

Ordered that the order dated January 29, 2004, is affirmed insofar as appealed from; and it is further,

Ordered that the appeal from the order dated April 28, 2004, is dismissed as academic; and it is further,

Ordered that one bill of costs is awarded to the respondents.

In 1995 the plaintiff purchased property that is abutted to the south by property owned by the defendants. After a survey by the defendants in 2003 revealed, inter alia, several encroachments...

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