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GILLILAND v. ACQUAFREDDA, LLC

308831/09, 5800.

92 A.D.3d 19 (2011)

936 N.Y.S.2d 125

2011 NY Slip Op 9207

KEVIN GILLILAND et al., Respondents, v. ACQUAFREDDA ENTERPRISES, LLC, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 20, 2011.

Attorney(s) appearing for the Case

Rothkrug Rothkrug & Spector, LLP, Great Neck ( Simon H. Rothkrug of counsel), for appellants.

Simon, Eisenberg & Baum, LLP, New York City ( Robert F. Moraco and Eric M. Baum of counsel), for respondents.

TOM, J.P., ANDRIAS, CATTERSON and ACOSTA, JJ., concur.

OPINION OF THE COURT

RENWICK, J.

The speaker in Robert Frost's metaphorical poem Mending Wall ruminates over his neighbor's stolid assumption that "[g]ood fences make good neighbors."1 Nonetheless, the adage's message has been sanctioned by tradition. Good fences may indeed make good neighbors. However wise Frost's thoughts on neighbor relations might be, the practicality of his...

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