Judicial Insight

Everyday Law · Appellate Division of the Supreme Court of the State of New York

Sep 30, 2026 · 2024-09454 · Appeal

A property owner points at a fence post while neighbors look concerned about their construction.AI illustration

Can a court decide when defenders skip their objection?

A property owner disputes land boundaries with their neighbors over new constructions.

TL;DR

  1. 1A property owner says neighbors built on his land.
  2. 2He wants the court to stop them and rule in his favor.
  3. 3The court missed the case earlier, but defenders gave up their challenge.

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Should the court decide since the defendants waived their objection?

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