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RICCI v. DOHERTY

222 A.D.2d 824 (1995)

635 N.Y.S.2d 102

Theodore L. Ricci et al., Appellants, v. Ann Doherty, Respondent, et al., Defendant

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

December 7, 1995

Crew III, J.

Defendant Ann Doherty (hereinafter defendant) owned property located in the Town of Fishkill, Dutchess County. On May 18, 1991, defendant's son, defendant Kevin Doherty (hereinafter Doherty), removed an existing carport from defendant's home. In so doing, Doherty had to remove the 4-inch by 4-inch posts that supported the patio roof. Defendant observed Doherty remove the outer posts by twisting them out of the ground in one piece. Defendant...

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