Plaintiff's cause of action for continuing trespass was properly sustained, notwithstanding that the encroaching excavation and backfill on plaintiff's property supporting the retaining wall on defendant's property was done with plaintiff's permission (see, Wheelock v Noonan, 108 N.Y. 179, 183), and that the work was intended to be permanent (see, 509 Sixth Ave. Corp. v New York City Tr. Auth.,
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