Manhattan School Music v. Sheldon H. Solow

DECISION & ORDER The plaintiffs Irving Liebman and the Manhattan School of Music commenced an action for ejectment in January 1983 against the appellant. The plaintiffs sought to compel the appellant to remove certain structures which encroached on their property, including a stockade fence, a wire fence, an outdoor shower, and a wooden stairway. In addition, the plaintiffs sought to recover damages for trespass, a declaration [175 A.D.2d 106 Page 107] -- that the boundary between the properties was accurately represented by a map and descriptions set forth in various deeds, and a declaration that a right of way in the appellant's deed is limited to a foot path. By amended answer, the appellant asserted that he had erected and maintained the aforementioned structures under claim of right and interposed a counterclaim alleging that he acquired title to the disputed property by adverse possession.