Russo v. Gulla

Agnes, A. J.

Plaintiffs, Rosario and Rose Russo (“the plaintiffs”) sued defendants, Mario and Damiana Gulla (“the defendants”) for trespass. The plaintiffs allege that the placement of defendants’ well wholly on their properly constitutes a continuing trespass. This matter is now before the court on the parties’ cross motions for summary judgment. For the reasons set forth below, plaintiffs’ motion for summary judgment is ALLOWED and defendants’ motion for summary judgment is DENIED.

BACKGROUND

In 1980, the defendants acquired title to the property at 100 Taft Avenue, Methuen, Essex County,…