ASHER v. BORENSTEIN

2009-08370

76 A.D.3d 984 (2010)

908 N.Y.S.2d 90

GAIL ASHER, Respondent, v. MAURICE BORENSTEIN et al., Appellants.

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

Decided September 21, 2010.


Ordered that the order is affirmed, with costs.

The plaintiff and the defendants are neighbors in Lido Beach, New York. The plaintiff and her husband purchased their property in 1983. At the time, there was a fence separating what the plaintiff believed to be the western border of her property from the neighboring property subsequently purchased in 1996 by the defendants. In 1986, the plaintiff replaced the preexisting fence with a new one. In September 2005 the plaintiff...

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