HABER v. COHEN

2009-07508.

74 A.D.3d 1281 (2010)

904 N.Y.S.2d 479

RAY HABER et al., Plaintiffs/Counterclaim Defendants/Third-Party Plaintiffs-Appellants, v. BETTY COHEN et al., Defendants/Counterclaim Plaintiffs-Respondents. MRC II, INC., et al., Third-Party Defendants-Respondents.

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

Decided June 29, 2010.


Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiffs commenced this action against the defendant prospective neighbors, inter alia, to recover damages for negligence and trespass, and to enjoin them from trespassing and unlawfully interfering with the construction of the plaintiffs' new home and to remove a conceded encroachment on the plaintiffs' property.

The defendants...

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