BROSER v. SCHUBACH

2009-09557.

85 A.D.3d 957 (2011)

925 N.Y.S.2d 875

2011 NY Slip Op 5443

DAVID BROSER, Respondent, v. CLARK SCHUBACH et al., Appellants.

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

Decided June 21, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the defendants' motion which was for summary judgment on so much of their second counterclaim as, in effect, was pursuant to RPAPL 871 for an injunction compelling the plaintiff to remove a fence allegedly encroaching on their real property. In support of their motion, the defendants established, prima facie, that the subject fence encroached upon...

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