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NUSSBAUM v. LACOPO

27 N.Y.2d 311 (1970)

Wilbur Nussbaum, Appellant, v. Paul Lacopo et al, Respondents.

Court of Appeals of the State of New York.

Decided December 10, 1970.

Attorney(s) appearing for the Case

Benjamin H. Siff for appellant.

William A. Scorzari and Martin J. Kushnick for Plandome Country Club, Inc., respondent.

Thomas F. Cohalan for Paul Lacopo, respondent.

Chief Judge FULD and Judges SCILEPPI and JASEN concur with Judge BURKE; Judge BERGAN dissents and votes to reverse in a separate opinion in which Judges BREITEL and GIBSON concur.

BURKE, J.

Plaintiff's home is situate on land abutting the thirteenth hole of the defendant country club. Between plaintiff's patio and the thirteenth fairway are approximately 20 to 30 feet of rough, and located in that golfer's no-man's land is a natural barrier of 45- to 60-foot-high trees. Although plaintiff's real property line runs parallel to the thirteenth fairway, the direct and proper...

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