MILLER v. POWERS


53 A.D.3d 1125 (2008)

862 N.Y.S.2d 242

JEANETTE L. MILLER et al., Appellants, v. TIMOTHY POWERS et al., Respondents.

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

Decided July 11, 2008.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the last decretal paragraph and granting judgment in favor of plaintiffs as follows:

"It is ORDERED, ADJUDGED and DECREED that the boundary between plaintiffs' parcel and defendants' parcel runs along the fence line depicted as the railroad right-of-way fence that runs along the top of the bluff in the survey maps of George Schlecht, dated April 16, 1981 and filed...

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