KUSMIERZ v. BAAN


144 A.D.2d 829 (1988)

Hilmar Kusmierz et al., Respondents, v. Robert Baan, Appellant, and Wallace H. Mahan, Jr., et al., Intervenors-Appellants

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

November 10, 1988


Mikoll, J.

Plaintiffs own and reside upon property contiguous to the property owned by intervenors Wallace H. Mahan, Jr., and Mary Lou Mahan, which they lease to defendant, Robert Baan. Between plaintiffs' and the Mahans' property is a 50-foot right-of-way owned by intervenor Frank Troncillito upon which there runs a drainage pipe.

Plaintiffs commenced this action against Baan claiming, inter alia, that he intentionally damaged the drainage...

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