COOK v. KENNEY


64 A.D.3d 1165 (2009)

881 N.Y.S.2d 786

JASON COOK, Respondent, v. DENNIS P. KENNEY et al., Appellants.

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

Decided July 2, 2009.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the declaration and permanent injunction are vacated, and the matter is remitted to Erie County Court for further proceedings in accordance with the following memorandum: Defendants, owners of property adjacent to property owned by plaintiff, appeal from a judgment rendered in favor of plaintiff following a bench trial in this action pursuant to RPAPL article 15. We agree...

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