Low Surgical & Medical Supply, Inc. v. McAfee

Feb 22, 2005
Versions:15 A.D.3d 547
789 N.Y.S.2d 896
2005 N.Y. App. Div. LEXIS 1885

In related actions for judgments declaring, inter alia, that the lawful boundary lines between two adjoining parcels of real property were as set forth in a map filed with the Dutchess County Clerk, the plaintiffs in action No. 2 appeal from a judgment of the Supreme Court, Dutchess County (Pagones, J.), dated July 31, 2003, which, inter alia, declared that the boundaries between the adjoining parcels were as set forth in a map prepared by the defendants’ expert.

Ordered that the judgment is affirmed, with costs.

The Supreme Court’s resolution of this boundary-line dispute was supported by the weight of the credible evidence, and thus, we decline to disturb it (see Schweitzer v Heppner, 212 AD2d 835 [1995]; Stratton v Keefe, 191 AD2d 871 [1993]).

The appellants’ remaining contentions are without merit.