JAMES BRYDEN PLAINTIFF APPELLANT v. LEROY HANKINS KATHRYN CAPELLA HANKINS AND SANDRA GOVERNANTI DEFENDANTS RESPONDENTS (2015)

Supreme Court, Appellate Division, Fourth Department.

JAMES G. BRYDEN, PLAINTIFF–APPELLANT, v. LEROY HANKINS, KATHRYN CAPELLA HANKINS AND J. SANDRA GOVERNANTI, DEFENDANTS–RESPONDENTS.

CA 14–00113

Decided: January 02, 2015

PRESENT: SMITH, J.P., PERADOTTO, VALENTINO, WHALEN, AND DEJOSEPH, JJ.

HOFFMANN, HUBERT & HOFFMANN, LLP, SYRACUSE (TERRANCE J. HOFFMANN OF COUNSEL), FOR PLAINTIFF–APPELLANT. DAVID C. KING, ROCHESTER, FOR DEFENDANTS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the amended decision at Supreme Court. We write to note that, contrary to plaintiff's contention, the record fully supports the court's determination to rely on the Gleason (1998) survey over the Watkins (2005) survey. We also note that, in the absence of a cross appeal by defendants, their contention that the court erred in “not granting all lands north of the intersection of [defendants'] fence and the Gleason line to [defendants]” is not properly before us (see Raab v. Dumblewski, 226 A.D.2d 1021, 1022).

Frances E. Cafarell

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network