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SZYMCZAK v. LAFERRARA

280 N.J. Super. 223 (1995)

655 A.2d 76

STANLEY SZYMCZAK AND WENDY SZYMCZAK, HIS WIFE, PLAINTIFFS-APPELLANTS, v. ANTHONY LAFERRARA AND MRS. LAFERRARA, HIS WIFE, DEFENDANTS-RESPONDENTS, AND LAWYERS TITLE INSURANCE CORPORATION, INTERVENOR-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1995.

Attorney(s) appearing for the Case

J. Peter Sokol, Co-counsel, argued the cause for appellants (McOmber & McOmber, attorneys; Mr. Sokol, of counsel and on the brief).

Steven P. Russo, Co-counsel, argued the cause for appellants (Mr. Russo, on the brief).

Frank J. Dupignac, Jr., argued the cause for respondents (Hiering & Dupignac, attorneys; Mr. Dupignac, on the brief).

Before Judges KING, MUIR, Jr. and EICHEN.

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

This is a trespass case precipitated by a substantial encroachment, about nineteen feet, by Stanley and Wendy Szymczak's home on the neighboring undeveloped sixty-foot-front lot of Anthony LaFerrara. The judge granted a mandatory injunction to LaFerrara and ordered the Szymczaks to remove their encroaching home. The judgment was stayed pending this appeal. We find the injunction inequitable in the circumstances...

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