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KRIEG v. PETERS, III

46 A.D.3d 1190 (2007)

850 N.Y.S.2d 211

RICHARD KRIEG et al., Respondents, v. HAROLD E. PETERS, III, et al., Appellants.

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

Decided December 20, 2007.

Carpinello, J.

In May 2004, the parties became adjoining property owners when defendants purchased the vacant lot next to plaintiffs' property. Defendants purportedly intended to construct a house on their property. Shortly after this purchase, defendant Harold E. Peters, III (hereinafter the husband) began clearing land without consulting the map referenced in their deed or having a survey conducted. It is undisputed that...

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