McCULLOUGH v. TILDEN


44 Misc.2d 256 (1964)

Leonard J. McCullough, as Administrator of The Estate of Eileen McCullough, Deceased, Plaintiff, v. Sydney G. Tilden, Jr., et al., Defendants.

Supreme Court, Trial Term, Nassau County.

October 6, 1964


Attorney(s) appearing for the Case

Austin Titus for plaintiff. Schaffner & Nettleton (John F. Mulholland of counsel), for defendants.


MARIO PITTONI, J.

Defendants bought their two-acre residential property in 1951, and in 1956 they built a 20-foot by 40-foot unfenced swimming pool thereon in an area toward the back of their land and partially hidden from neighbors' views by foliage. Defendants' land was separated from plaintiff's residential two-acre property by no barrier or fence, but only by a narrow dirt road that straddled both lands. On October 7, 1961, plaintiff's three-year...

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