Masucci v. DeLuca
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiffs own real property adjacent to the defendants’ property in Staten Island. In 2007, the plaintiffs commenced this action seeking, inter alia, to recover damages for trespass due to the defendants’ installation of an underground pipe in the area between the plaintiffs’ tennis court fence and the defendants’ retaining wall (hereinafter the disputed area). The defendants interposed various counterclaims, alleging, inter alia, that they were entitled to a judgment declaring that they have a prescriptive easement with respect to the disputed area.
The defendants moved for summary…
2Cases cited7 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Mandia v. King Lumber & Plywood Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Bloomingdales, Inc. v. New York City Transit AuthorityNew York Court of Appeals · 2009
- Gorman v. HessAppellate Division of the Supreme Court of the State of New York · 2003
- Morales v. RileyAppellate Division of the Supreme Court of the State of New York · 2006
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