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SPA REALTY ASSOCIATES v. SPRINGS ASSOCIATES

256 A.D.2d 1001 (1998)

682 N.Y.S.2d 309

SPA REALTY ASSOCIATES, Appellant, v. SPRINGS ASSOCIATES et al., Defendants, and STEPHEN DI MAURO, Respondent.

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

Decided December 24, 1998.

Spain, J.

Plaintiff commenced this action in 1988 seeking equitable and monetary relief arising out of an illegally constructed sewer system. Plaintiff alleged that defendant Springs Associates and its partners (hereinafter collectively referred to as Springs Associates) trespassed upon plaintiff's property when it constructed the sewer system. Springs Associates owned 14 acres of land (hereinafter the Springs property) adjacent to plaintiff's land. The sewer system...

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