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STRAM v. FARRELL

223 A.D.2d 260 (1996)

646 N.Y.S.2d 193

Richard A. Stram et al., Respondents, v. Edward J. Farrell et al., Appellants

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

July 18, 1996

Attorney(s) appearing for the Case

Kramer & Kenyon, Binghamton (Philip J. Kramer of counsel), for appellants.

Butler, Allen, Clark & Place, Vestal (Earl D. Butler of counsel); and Hancock & Estabrook, Syracuse (Stewart F. Hancock, Jr., and Alan J. Pierce of counsel), for respondents.

CARDONA, P. J., and CREW III, J., concur with CASEY, J.; YESAWICH JR., J., dissents in a separate opinion in which MIKOLL, J., concurs.

CASEY, J.

This action, in which plaintiffs seek to recover damages for the intentional infliction of emotional distress, arose out of what began as a dispute between neighbors concerning a murky condition in the lake which abuts the adjoining properties. According to defendants, the condition was caused by plaintiffs' construction of a house on their property. Defendants complained to plaintiffs, complained...

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