VIGLIOTTI v. DENICOLA JR.


304 A.D.2d 751 (2003)

759 N.Y.S.2d 109

CHARLES VIGLIOTTI et al., Appellants, v. CARL DENICOLA, JR., et al., Defendants, and DLI CONTRACTING, INC., Respondent.

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

Decided April 21, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.

In an attempt to solve an erosion and settling problem at the northwest corner of the plaintiffs' newly-constructed house, the plaintiffs' architect and engineer recommended that a concrete deck and patio be attached to cause rain water to drain away from the house. The deck and patio...

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