BUCHANAN v. CARDOZO


16 N.Y.2d 1029 (1965)

David H. Buchanan et al., Respondents-Appellants, v. Peter S. Cardozo, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided November 24, 1965.


Attorney(s) appearing for the Case

Howard A. Kochendorfer for appellant-respondent.

John F. Bianchi for respondents-appellants.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.


Upon defendant's appeal: Order affirmed, without costs. Upon plaintiffs' cross appeal: Appeal dismissed for lack of finality, without costs. We agree with Special Term that there was a continuing trespass. Special Term is directed to fix the time and conditions under which defendant is to construct his wall in a safe condition and to remove the debris from plaintiffs' property, and to assess damages and enter an appropriate judgment in accordance...

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