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GRANCHELLI v. WALTER S. JOHNSON BLDG. CO., INC.

85 A.D.2d 891 (1981)

Elmer A. Granchelli, Respondent, v. Walter S. Johnson Building Co., Inc., Appellant

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

December 11, 1981

Order unanimously reversed, on the law, without costs, and motion granted.

Memorandum:

One who wrongfully uses another's land trespasses thereon and is liable to the owner for the cost of restoring the land to its condition immediately prior to the trespass and also, in an appropriate case, for damages based upon a duty of restitution for benefits received (De Camp v Bullard, 159 N.Y. 450; Bunke v New York Tel. Co., 110 App Div 241, affd 188...

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