CASSATA v. NEW YORK NEW ENGLAND EXCH.


250 A.D.2d 491 (1998)

673 N.Y.S.2d 124

Joseph Cassata et al., Appellants, v. New York New England Exchange, Respondent

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

May 21, 1998


Plaintiffs, alleging trespass upon their real property, a small commercial building located on Westchester Square in the Bronx, seek damages of over $30 million based upon defendant's placement and maintenance of a telephone cable along a rear wall of the building, after plaintiffs had allegedly withdrawn a license for it that had been granted by a previous owner.

Upon a motion for summary judgment made by each side, the IAS Court granted summary judgment to plaintiffs...

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