Melzer v. Robbins

Appellate Division of the Supreme Court of New York

Melzer v. Robbins

92 A.D.2d 540, 459 N.Y.S.2d 412, 1983 N.Y. App. Div. LEXIS 16761

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 7, 1983

StatusPublished

This text of 92 A.D.2d 540 (Melzer v. Robbins) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Melzer v. Robbins, 92 A.D.2d 540, 459 N.Y.S.2d 412, 1983 N.Y. App. Div. LEXIS 16761 (N.Y. Ct. App. 1983).

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Opinion

— In an action for a permanent injunction enjoining defendants from erecting a fence or otherwise trespassing on real property claimed by both parties, plaintiffs appeal from an order of the Supreme Court, Nassau County (Robbins, J.), entered October 21, 1981, which denied their motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, and plaintiffs’ motion for summary judgment is granted. Defendants have failed to raise a triable issue of fact with respect to plaintiffs’ adverse possession claim. (CPLR 3212; see RPAPL 522; Belotti v Bickhardt, 228 NY 296; McCosker v Rollie Estates, 7 AD2d 865; Bassett v Nichols, 26 AD2d 569.) Gibbons, J. P., O’Connor, Weinstein and Brown, JJ., concur.

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— In an action for a permanent injunction enjoining defendants from erecting a fence or otherwise trespassing on real property claimed by both parties, plaintiffs appeal from an order of the Supreme Court, Nassau County (Robbins, J.), entered October 21, 1981, which denied their motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, and plaintiffs’ motion for summary judgment is granted. Defendants have failed to raise a triable issue of fact with respect to plaintiffs’ adverse possession claim. (CPLR 3212; see RPAPL 522; Belotti v Bickhardt, 228 NY 296; McCosker v Rollie Estates, 7 AD2d 865; Bassett v Nichols, 26 AD2d 569.) Gibbons, J. P., O’Connor, Weinstein and Brown, JJ., concur.

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Bluebook (online)

92 A.D.2d 540, 459 N.Y.S.2d 412, 1983 N.Y. App. Div. LEXIS 16761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melzer-v-robbins-nyappdiv-1983.

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