On Sun, 6 Oct 2013, " wrote:

As for getting a judge's order to take it down, I'd evaluate
what that is going to cost versus what the neighbor is going
to get if I tear it down and he sues me and it's later
determined that I was wrong.

In NYC, if a fence is on the neighbor's property, one has to file in civil
court. You must have a survey, and the survey must have been done within
three months of the case filing.

Don. www.donwiss.com (e-mail link at home page bottom).