Appellate Division of the Supreme Court of the State of New York June 4, 1973 (Tilbro Home Builders, Inc. v. Leidel)

In an action to declare that defendant’s property is maintained at a level higher than the legal grade and to compel her to construct a retaining, wall, defendant appeals, as limited by her brief, (1) from so much of an order and judgment (one paper) of the Supreme Couit, Queens County, dated June 6, 1972; as granted plaintiff’s motion for summary judgment, made a declaration in favor of