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MURPHY v. TRAPANI

255 N.J. Super. 65 (1992)

604 A.2d 635

GEORGE F. MURPHY AND ELINOR S. MURPHY, HIS WIFE, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. FRANK TRAPANI AND OLYMPIA TRAPANI, HIS WIFE, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS. MANTOLOKING SHORES PROPERTY OWNERS ASSOCIATION, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. FRANK TRAPANI AND OLYMPIA TRAPANI, HIS WIFE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1992.

Attorney(s) appearing for the Case

Greenbaum, Rowe, Smith, Ravin & Davis, attorneys for appellants/cross-respondents (Marianne McKenzie, of counsel and on the brief with Scott R. Miller).

Dasti, Murphy & Wellerson, attorneys for respondents/cross-appellants (Craig L. Wellerson on the brief).

Respondent Mantoloking Shores Property Owners Association, Inc. filed a letter of nonparticipation.1

Before Judges MICHELS, HAVEY and CONLEY.

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

Defendants appeal from a judgment entered in the Chancery Division ordering them to remove a portion of a cantilevered deck extending over a lagoon adjacent to their home. Plaintiffs cross-appeal, contending that the trial court erred in not ordering defendants to remove the entire portion of the deck built extending over the lagoon. We conclude that the deck was an "obstruction" which was in clear violation...

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