Categories: Court of Appeals Opinions

BUCHANAN v. CARDOZO, 16 N.Y.2d 1029 (1965)

265 N.Y.S.2d 908, 213 N.E.2d 317

DAVID H. BUCHANAN et al., Respondents-Appellants, v. PETER S. CARDOZO, Appellant-Respondent.

Court of Appeals of the State of New York.Argued October 26, 1965
Decided November 24, 1965

Page 1030

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN P. DONOHOE, J.

Page 1031

Howard A. Kochendorfer for appellant-respondent.

John F. Bianchi for respondents-appellants.

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, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

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