KEARNS v. THILBURG

2009-05571

76 A.D.3d 705 (2010)

907 N.Y.S.2d 310

RICHARD K. KEARNS et al., Respondents-Appellants, v. MARY THILBURG, Appellant-Respondent.

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

Decided August 31, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's cross motion which was for summary judgment on the fourth counterclaim in her amended answer seeking a declaration, in effect, that the plaintiffs are interfering with her riparian rights and to enjoin them from placing any objects in Sterling Creek in front of her property is granted, the order is affirmed insofar as cross-appealed from, upon searching the...

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