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CAPODILUPO v. VOZZELLA

No. 96-P-1788.

46 Mass. App. Ct. 224 (1999)

ANTHONY F. CAPODILUPO, individually and as trustee, v. CHARLES VOZZELLA, individually and as trustee.

Court of Appeals of Massachusetts, Suffolk.

January 26, 1999.

Attorney(s) appearing for the Case

Frank L. Fragomeni, Jr., for the defendant.

Kevin L. Quinlan for Donato F. Pizzuti.

Henry H. Thayer, for Abstract Club and Massachusetts Conveyancers Association, amici curiae, submitted a brief.

Present: ARMSTRONG, LENK, & BECK, JJ.

LENK, J.

The plaintiff and the defendant own abutting property in the North End section of Boston. The plaintiff brought this suit because he claims that the westerly and southerly walls of the defendant's one-story building encroach by 3.6 to 4.8 inches upon his land, which is registered land. The plaintiff sought the removal of the purported encroachment as well as damages and costs. Following a bench trial on October 11, 1991, judgment

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