AMERICAN PEN CORP. v. CITY OF NEW YORK


266 A.D.2d 87 (1999)

698 N.Y.S.2d 472

AMERICAN PEN CORP., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 18, 1999.


Plaintiff alleges a continuing trespass by the accumulation of debris on property subject to an easement for the City-owned Melrose Avenue Bridge. The first, second and fourth causes of action in the complaint are equitable in nature (abatement of nuisance and injunctive relief), whereas the third and fifth causes seek $75,000,000 in treble damages and $2 million plus $20,000 per day as compensation for reasonable "use and occupancy" of the property, respectively.

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