OVEROCKER v. MADIGAN

516957

113 A.D.3d 924 (2014)

979 N.Y.S.2d 413

2014 NY Slip Op 158

JOHN D. OVEROCKER, JR. et al., Respondents, v. DANIEL J. MADIGAN et al., Appellants.

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

Decided January 9, 2014.


Garry, J.

Appeal from an order of the Supreme Court (Hummel, J.), entered September 17, 2012 in Rensselaer County, which, among other things, denied defendants' motions for partial summary judgment.

Plaintiffs keep horses in a fenced pen on their property in the Town of Pittstown, Rensselaer County, where they allege that horses have been kept since before they purchased the property in 1989. Defendants, who purchased a neighboring property in 1994, hold a...

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