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THEOFILATOS v. KOLECI

105 A.D.2d 514 (1984)

Mary Theofilatos, Appellant, v. Proxethea Koleci, Respondent

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

October 18, 1984

Plaintiff and defendant are homeowners on adjacent lots in the City of Albany. Plaintiff commenced this action for damages alleging that the deterioration of a retaining wall, which is located on defendant's property and separates the two lots, caused water to collect on plaintiff's property and eventually damaged her basement as the water seeped into it. Plaintiff asserted causes of action in nuisance (RPAPL 841) and trespass (RPAPL 871), and defendant counterclaimed for...

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