WELTON v. DROBNICKI


298 A.D.2d 757 (2002)

749 N.Y.S.2d 288

DONALD WELTON et al., Respondents, v. BERNARD DROBNICKI et al., Appellants.

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

Decided October 24, 2002.


Mercure, J.P.

Plaintiffs and defendants own adjoining residences in the Town of Clifton Park, Saratoga County. Plaintiffs commenced this action alleging defendants' continuous trespass and private nuisance in permitting their 12 cats to enter onto plaintiffs' land and urinate, defecate and otherwise damage or interfere with plaintiffs' use and enjoyment of their property and seeking to restrain a continuation of the same. Following joinder of issue, plaintiffs moved...

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