Cirillo v. Wyker

In an action inter alia to recover damages for trespass, plaintiff appeals from a judgment of the Supreme Court, Westchester County, dated November 25, 1975, in her favor, after a nonjury trial, on the grounds that (1) the monetary award against defendants Wyker was inadequate, (2) she was not awarded judgment against defendant Harrison Excavating Corp. and (3) no injunctive relief was granted. Judgment affirmed, without costs or disbursements. The plaintiff failed to prove that she owned the 170-foot line lying under Woodlands Road. That portion of the sewer line is a fixture (see Matter of…