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BROWN v. NELSON

55 A.D.3d 317 (2008)

864 N.Y.S.2d 34

TERRENCE BROWN, Respondent, v. HERMIA NELSON, Appellant.

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

October 2, 2008.

The trial court's issuance of a mandatory injunction directing defendant to remove the garage wall was proper. The evidence demonstrates that the garage wall encroached on plaintiff's property by several inches, and defendant failed to establish that she had obtained a prescriptive easement. The encroachment interfered with plaintiff's full use and enjoyment of his property, and defendant offered no evidence that removal of the...

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