DeAngelo v. Brazauskas

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the order of the Supreme Court reinstated.

Plaintiff builder constructed a home for defendants Brazauskas on a parcel of land belonging to defendant Kraft due to the Brazauskas’ mistaken belief as to the true location of their land. Under these unique circumstances, Supreme Court properly exercised its equity jurisdiction in directing plaintiff, whom it found "blameless,” to remove the construction, restore defendant Kraft’s land to its preconstruction condition and reimburse him for any…