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SANDERS v. SCHIFFER

46 A.D.2d 536 (1975)

Harris Sanders et al., Respondents, v. Max Schiffer et al., Appellants. (Action No. 1.) Harris Sanders et al., Respondents, v. Max Schiffer et al., Appellants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 6, 1975.

Attorney(s) appearing for the Case

Israel J. Beck for Max Schiffer, appellant.

Max Schiffer for Barbara Schiffer, appellant.

Tobin & Dempf (Charles J. Tobin, III, of counsel), for respondents.

HERLIHY, P. J., SWEENEY and REYNOLDS, JJ., concur with KANE, J.; GREENBLOTT, J., dissents and votes to affirm in an opinion.

KANE, J.

The parties to this action are adjoining residential property owners in the City of Albany. The contour of their land is such that defendants' land is several feet below that of the plaintiffs. As a result of certain improvements to plaintiffs' property, and, in particular the construction of a garage addition near the mutual boundary, a retaining wall on defendants' premises was adversely affected to the extent that its removal was required...

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