MENKES v. PHILLIPS

2011-08087.

93 A.D.3d 769 (2012)

940 N.Y.S.2d 317

2012 NY Slip Op 2090

SHERYL R. MENKES, Appellant, v. EDWARD PHILLIPS, Respondent.

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

Decided March 20, 2012.


Ordered that the order is affirmed, without costs or disbursements.

The plaintiff is the nonresident owner of residential property in Mount Vernon. In 2009, she commenced this action for ejectment and ancillary relief against the owner of the neighboring lot, alleging that his driveway along their common border encroaches on her property and constitutes a continuing trespass. The defendant interposed a defense that the action was time-barred, alleging that, in 1997...

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