BROSER v. SCHUBACH

2010-08074.

85 A.D.3d 957 (2011)

925 N.Y.S.2d 883

2011 NY Slip Op 5444

DAVID BROSER, Appellant, v. CLARK SCHUBACH et al., Respondents.

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

Decided June 21, 2011.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion for summary judgment dismissing the defendants' counterclaims. With regard to so much of the second counterclaim as, in effect, was pursuant to RPAPL 871 for an injunction compelling the plaintiff to remove a fence allegedly encroaching on the defendants' real property, the plaintiff failed to establish, prima facie, that the encroachment was de minimis (cf...

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