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D'ANDREA v. GUGLIETTA

208 N.J. Super. 31 (1986)

504 A.2d 1196

HENRY D'ANDREA AND ANGELA D'ANDREA, PLAINTIFFS-APPELLANTS, v. JOHN GUGLIETTA AND PATRICIA GUGLIETTA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 1986.

Attorney(s) appearing for the Case

Cynthia S. Jenkins, attorney for appellants.

Craig S. Larsen, attorney for respondents.

Before Judges FURMAN, COHEN and ASHBEY.

The opinion of the court was delivered by FURMAN, P.J.A.D.

Liability for tree root damage to a neighbor's property is at issue on this appeal. The trial court awarded $2,960 to defendants on their counterclaim for damages and for abatement of a nuisance: tree roots which had spread onto their property from a maple tree growing on plaintiffs' property, cracking their waylite block boundary fence. Plaintiffs had planted...

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