COOK v. ESTATE OF ACHZET

945 CA 22-00333.

214 A.D.3d 1369 (2023)

183 N.Y.S.3d 881

2023 NY Slip Op 01436

Jay Cook et al., as Trustees of the Cook Family Trust, Appellants, v. Estate of Barbara H. Achzet, Deceased, et al., Respondents, et al., Defendants.

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

Decided March 17, 2023.


Attorney(s) appearing for the Case

D.J. & J.A. CIRANDO, PLLC, SYRACUSE ( JOHN A. CIRANDO OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

HARRIS BEACH PLLC, PITTSFORD ( KYLE D. GOOCH OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Peradotto, J.P., Lindley, Curran, Bannister and Montour, JJ.


Appeal from an order of the Supreme Court, Yates County (Jason L. Cook, A.J.), entered October 20, 2021. The order, inter alia, dismissed the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed with costs.

Memorandum: Barbara H. Achzet (decedent) and plaintiffs, who owned adjacent lakefront properties, became engaged in a boundary-line dispute over an area that encompassed space...

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