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ROMEO v. SHERRY

No. 99-CV-7245 (NGG).

308 F.Supp.2d 128 (2004)

Joseph ROMEO, Plaintiff, v. Mark SHERRY, New York Submarine Contracting Company, Inc., Robert C. Hanken, John Garner, John Garner Marine Construction and Tottenville Marina, Inc., Defendants. Mark Sherry and New York Submarine Contracting Company, Inc., Third-Party Plaintiffs, v. Joseph Toth, Joseph Toth d/b/a Rimrock Trucking, Rimrock Trucking, Inc., Gladsky Marine Ship Repair & Conversion, Inc., Simpson & Brown, Inc., Warren Disch, Warren Disch d/b/a Warren Disch Construction, Disch Construction Corp., John Sneed, Shelia Lee Schwartz and Begna Associates, LTD., Third-Party Defendants.

United States District Court, E.D. New York.

March 17, 2004.

Attorney(s) appearing for the Case

Simon Harter, William N. France, II, New York, NY, Anthony J. Castellano, Menicucci & Castellano, P.C., Staten Island, NY, for Plaintiff.

John F. Grimes, Staten Island, NY, for Defendants.

Lawrence Jay Kahn, Freehill Hogan & Mahar, LLP, James M. Skelly, Fixler & Associates, L.L.P., Louis J. Martine, McMahon, Martine & Merritt, Deborah R. Reid, Badiak Will & Ruddy, New York, NY, for Third Party Defendants.

Robert C. Hanken, Staten Island, NY, Pro Se, for Defendants/Cross-Defendants.

MEMORANDUM AND ORDER

GARAUFIS, District Judge.

Joseph Romeo ("Plaintiff") brings this action for trespass, nuisance, and interference with riparian rights, claiming that vessels and objects placed in the waterway interfered with his property in Staten Island. A bench trial was held before me in Brooklyn, New York from June 17 to July 29, 2003. For the reasons set out below, Plaintiff's claims are denied, and judgment shall be entered for the defendants...

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