MALERBA v. WARREN


96 A.D.2d 529 (1983)

Robert F. Malerba et al., Respondents, v. Harry L. Warren et al., Appellants. (Action No. 1.) Town of East Hampton, Respondent, v. Harry L. Warren et al., Appellants. (Action No. 2.) Robert F. Malerba et al., Respondents, v. Julie C. Warren et al., Appellants, et al., Defendant. (Action No. 3.)

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

July 11, 1983


Judgment modified, on the law and the facts, by deleting the fourth decretal paragraph thereof, which granted plaintiffs Robert F. Malerba and Mary Shelia Malerba the principal sum of $38,000 for lost rental income. As so modified, judgment affirmed, without costs or disbursements.

The trial evidence amply supports the determination of the trial court that appellants' placement of a cottage on property referred to as "lot 3" near the boundary line of property owned...

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