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DeANGELO v. BRAZAUSKAS

86 N.Y.2d 746 (1995)

655 N.E.2d 165

631 N.Y.S.2d 124

Peter A. DeAngelo, Doing Business as Pete DeAngelo Builders, Appellant, v. Todd M. Brazauskas et al., Defendants, and Andrew J. Kraft, Respondent.

Court of Appeals of the State of New York.

Decided July 5, 1995.

Attorney(s) appearing for the Case

John J. Ottaviano, Lockport, for appellant.

Jaeckle, Fleischmann & Mugel, Buffalo (Mary C. Fitzgerald of counsel), for respondent.

Phillips, Lytle, Hitchcock, Blaine & Huber, Rochester (Mark J. Moretti of counsel), for New York State Builders' Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of the Supreme Court reinstated.

Plaintiff builder constructed a home for defendants Brazauskas on a parcel of land belonging to defendant Kraft due to the Brazauskas' mistaken belief as to the true location of their land. Under these unique circumstances, Supreme Court properly exercised its equity jurisdiction in directing...

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