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CORSELLO v. VERIZON N.Y.

2008-10448.

77 A.D.3d 344 (2010)

908 N.Y.S.2d 57

WILLIAM CORSELLO et al., Respondents-Appellants, v. VERIZON NEW YORK, INC., Formerly Known as New York TELEPHONE COMPANY, et al., Appellants-Respondents.

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

Decided September 14, 2010.

Attorney(s) appearing for the Case

Kirkland & Ellis LLP, New York City ( Joseph Serino, Jr. and William Pratt ; Susan E. Engel and Patrick F. Philbin , Washington, D.C., pro hac vice, of counsel), for appellants-respondents.

Law Offices of David M. Wise , P.A., Babylon, and Reilly Like & Tenety, Babylon ( Irving Like of counsel), for respondents-appellants (one brief filed).

MASTRO, J.P., BELEN and LOTT, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

In this matter we consider, among other issues, whether the plaintiffs sufficiently stated a cause of action against the defendants to recover damages for inverse condemnation where, more than 20 years ago, the defendants attached a rear-wall terminal box and associated wiring to the plaintiffs' building in order to service the defendants' customers. We also consider whether that inverse condemnation cause of action is...

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