DEL VECCHIO v. NELSON


300 A.D.2d 277 (2002)

751 N.Y.S.2d 290

DIANE DEL VECCHIO et al., Appellants, v. KEITH NELSON, Respondent.

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

Decided December 2, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the counterclaim and affirmative defense is granted, and the counterclaim and affirmative defense are dismissed.

The plaintiffs allege that the defendant trespassed upon their residence on two occasions. The defendant counterclaimed, alleging prima facie tort, in that he was humiliated and emotionally upset because...

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