GREAT NORTHERN INS. CO. v. LEONTARAKIS


904 A.2d 846 (2006)

387 N.J. Super. 583

GREAT NORTHERN INSURANCE COMPANY, Plaintiff, v. George K. LEONTARAKIS, Defendant, and Isadore Spiegel, Defendant/Third-Party Plaintiff-Appellant, v. George K. Leontarakis, Third-Party Defendant-Respondent, and Robert W. Dill, Colonial Oaks Construction Inc., Preferred Construction, Inc., Joseph M. Mercandante, Inc., and David Guatarz, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 21, 2006.


Attorney(s) appearing for the Case

Franzblau Dratch, attorneys for appellant (Stephen N. Dratch, of counsel and on the brief; Julian Wilsey, Livingston, on the brief).

Leonard H. Adoff, attorney for respondent.

Before Judges WECKER, FUENTES and GRAVES.


The opinion of the court was delivered by

GRAVES, J.A.D.

This case involves a dispute between adjoining landowners. Plaintiff Isadore Spiegel owns a two-story residence located atop a hill at 6-8 Watchung Road in Short Hills, an area of Millburn Township (the Township). The land owned by defendant George Leontarakis is below and to the east of Spiegel's property. At trial, Spiegel claimed he suffered property damage due to excavation work performed on Leontarakis...

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