Manhattan School of Music v. Solow – Case Brief Summary (New York)

In Manhattan School of Music v. Solow, 175 AD2d 106, 571 NYS2d 958 [2nd Dept 1001], the appellees had commenced an action for ejectment in January 1983 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, and further sought damages for trespass.

Summary judgment was grafted to the appellees and affirmed on appeal as the Appellate Court stated that the appellant failed to present sufficient proof of cultivation and improvement of the property at issue, as it remained a dense grove of pine trees.