Franchi v. Boulger

In this appeal from a judgment of the Superi- or Court, the plaintiffs claim that the judge erred in failing to grant injunctive relief and in failing to find the defendants liable as trustees of Queensboro Court Condominium Trust (Condo Trust) for maintaining a retaining wall improperly constructed prior to the establishment of the trust. We hold that the defendants as trustees of the Condo Trust are liable to the plaintiffs and remand for additional findings as to damages and injunctive relief.

The following facts were found by a master. In 1973, the defendants Boulger and Watson, as…