Buchanan v. Cardozo

New York Court of Appeals

Buchanan v. Cardozo

213 N.E.2d 317, 16 N.Y.2d 1029, 265 N.Y.S.2d 908, 1965 N.Y. LEXIS 1014

New York Court of Appeals·Decided November 24, 1965·Published·Cited by 4 cases

Opinion

Upon defendant’s appeal: Order affirmed, without costs. Upon plaintiffs’ cross appeal: Appeal dismissed for lack of finality, without costs. We agree with Special Term that there was a continuing trespass. Special Term is directed to fix the time and conditions under which defendant is to construct his wall in a safe condition and to remove the debris from plaintiffs’ property, and to assess damages and enter an appropriate judgment in accordance herewith.

Concur: Chief Judge Desmond and Judges Dye, Ftjld, Van Voorhis, Burke, Scileppi and Bergan.

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Upon defendant’s appeal: Order affirmed, without costs. Upon plaintiffs’ cross appeal: Appeal dismissed for lack of finality, without costs. We agree with Special Term that there was a continuing trespass. Special Term is directed to fix the time and conditions under which defendant is to construct his wall in a safe condition and to remove the debris from plaintiffs’ property, and to assess damages and enter an appropriate judgment in accordance herewith.

Concur: Chief Judge Desmond and Judges Dye, Ftjld, Van Voorhis, Burke, Scileppi and Bergan.

Buchanan v. Cardozo, 213 N.E.2d 317, 16 N.Y.2d 1029, 265 N.Y.S.2d 908, 1965 N.Y. LEXIS 1014 (N.Y. 1965).

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Opinion

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