KENNELTY-COHEN v. GILLIAM HENRY


62 A.D.3d 664 (2009)

879 N.Y.S.2d 481

PHIL KENNELTY-COHEN et al., Appellants, v. ERIN MARIE GILLIAM HENRY et al., Respondents.

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

Decided May 5, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of an appropriate declaratory judgment in favor of the defendants.

The plaintiffs allege that they have occupied and used a strip of land owned by the defendants, that is situated between their house and the defendants' house, for 25 years. The strip of land is 3 feet, 6 inches wide, and 50 feet long. A fence was erected...

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