MORGAN v. SUCO

2019-09125. Index No. 60997/18.

204 A.D.3d 785 (2022)

164 N.Y.S.3d 466

2022 NY Slip Op 02404

Franklyn A. Morgan et al., Appellants, v. Larry Suco et al., Respondents.

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

Decided April 13, 2022.


Attorney(s) appearing for the Case

Percival A. Clarke , Mount Vernon, NY, for appellants.

Neveen M. Nesheiwat , Yonkers, NY, for respondents.

Dillon, J.P., Duffy, Connolly and Christopher, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiffs and defendants are neighbors, and the plaintiffs allege that a fence on the defendants' property encroaches upon their property. In July 2018, the plaintiffs commenced this action, inter alia, in effect, pursuant to RPAPL article 15 to quiet title to real property. The defendants moved, among other things, pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred. By order dated July 3, 2019...

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