Riley v Daly

Holding The court reversed the lower court’s dismissal of the plaintiffs’ invasion of privacy claim and their cross-motion to set the boundary line by survey, finding that triable issues of fact existed regarding both the intent behind the surveillance cameras and the precise location of the boundary. The court affirmed the denial of the plaintiffs’ motion for summary judgment on the doctrine of practical location, as they failed to prove mutual acquiescence for the required period.

The court’s words

we perceive no error with Supreme Court's determination that plaintiffs failed to satisfy their burden of establishing that the practical location of the boundary line was definitely and equally known, understood and settled for a period of more than 10 years

2026 NY Slip Op 06178, at the official text

we conclude that plaintiffs raised a triable issue of fact precluding summary judgment

2026 NY Slip Op 06178, at the official text

these contentions fit squarely within the legislative purpose behind Civil Rights Law § 52-a, and therefore we are satisfied that plaintiffs have raised triable issues of fact relating to their invasion of privacy cause of action which should have survived summary judgment

2026 NY Slip Op 06178, at the official text