My question involves real estate located in the State of: New York

My husband and I purchased our home in 2000. We accepted the current survey of the home, as it was 2 years old. We put up a fence in 2002, after obtaining a building permit from our village.

Fast forward to 2008, the neighbors who's property our fence borders passes away. His estate had his land re-surveyed and are saying our fence is on their land 2.5 feet. We have gone back and forth with their attorney to no avail. One letter from the attorney admits that their surveyor took it upon himself to reposition our stakes in the back corner to be compliant with their survey. They can't do that, right?

The land in question is a 2.5 foot strip of land on the opposite side of their garage. We had several amicable conversations with the previous, now deceased owner of the property about the fence prior to putting it up. He was happy we were putting it up, he didn't like our kids making noise.

Do we have any leg to stand on when we go to trial with these people next week? Any help or advice would be greatly appreciated.