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CLINTON AVENUE OWNERS CORP. v. CELESTIAL CHURCH OF CHRIST, ILERI OLUWA PARISH

2010-06661.

94 A.D.3d 1033 (2012)

944 N.Y.S.2d 165

2012 NY Slip Op 3126

CLINTON AVENUE OWNERS CORP., Respondent, v. CELESTIAL CHURCH OF CHRIST, ILERI OLUWA PARISH, Appellant.

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

Decided April 24, 2012.

ORDERED that the judgment is affirmed, with costs.

The plaintiff is the owner of a cooperative apartment building in Brooklyn located adjacent to property owned by the defendant. A retaining wall situated on the defendant's property separated the two properties. In January 2007 the plaintiff commenced this action against the defendant alleging, inter alia, that the retaining wall was leaking water onto the plaintiff's property...

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