BILELLO v. PACELLA


223 A.D.2d 522 (1996)

636 N.Y.S.2d 112

Rose Bilello, Respondent, v. John Pacella et al., Appellants

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

January 8, 1996


Ordered that the order is reversed insofar as appealed from, with costs, and so much of the order as directed the defendants to restore the plot of grass located on the easement is vacated.

The defendants hired a construction crew to repave a common driveway located on an easement between the defendants' house and the plaintiff's house. Contrary to the plaintiff's contention, the Supreme Court erred in directing the defendants to restore the plot of grass located...

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