ROSSI v. ATTANASIO


48 A.D.3d 1025 (2008)

852 N.Y.S.2d 465

FRANK ROSSI et al., Appellants, v. DEAN M. ATTANASIO et al., Respondents, et al., Defendants.

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

Decided February 28, 2008.


Peters, J.

In April 2004, plaintiff Frank Rossi (hereinafter plaintiff), a real estate developer, sold a newly constructed house owned by plaintiff Rose Marie Rossi, his wife, to defendants Dean M. Attanasio and Kimberly L. Attanasio (hereinafter collectively referred to as defendants). After closing, defendants, owners of a swimming pool business who sought to install a "showcase" pool directly behind their house, discovered that the lot on which their house was...

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