Legal Opinion

Malerba v. Warren

New York Supreme Court

Decided April 28, 1981PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Oscar Murov, J.

MALERBA V WARREN

Plaintiffs bring this action for trespass, fraud, breach of covenant, violation of zoning ordinances and injunction arising out of defendants’ placing a cottage on their own property in such a manner as to encroach on plaintiffs’ adjacent property, to obstruct their view of the ocean and in violation of town ordinances of the Town of East Hampton that, it is claimed, prohibit the presence of the structure in the area.

FACTS

Plaintiffs are the owners in fee of property (hereinafter referred to as Lot No. 2) that fronts on the Atlantic Ocean in…

2Cases cited58 opinions

  1. Colten v. KentuckySupreme Court of the United States · 1972
  2. Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
  3. Reno v. . BullNew York Court of Appeals · 1919
  4. Sabo v. DelmanNew York Court of Appeals · 1957
  5. Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850

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3Cited by10 opinions

  1. New York State National Organization for Women v. TerryDistrict Court, S.D. New York · 1989
  2. 55 Motor Avenue Co. v. Liberty Industrial Finishing Corp.District Court, E.D. New York · 1994
  3. Christian v. Town of RigaDistrict Court, W.D. New York · 2009
  4. United States v. Garfield CountyDistrict Court, D. Utah · 2000
  5. Stay v. HorvathAppellate Division of the Supreme Court of the State of New York · 1991

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