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ROBERTS v. RYAN HOMES

70 Misc.2d 198 (1972)

Richard H. Roberts, Plaintiff, v. Ryan Homes, Inc., Defendant.

County Court, Monroe County.

June 15, 1972

Attorney(s) appearing for the Case

Thomans W. O'Connell for plaintiff. Lines, Wilkens, Osborn & Beck (Thomas C. Burke of counsel), for defendant.

DAVID O. BOEHM, J.

Plaintiff has brought an action against the defendant, a residential home builder, for damages resulting from improper grading of the plaintiff's lot and the lot to his rear. Both are located in the Town of Pittsford.

After the commencement of the lawsuit, plaintiff erected on his lot a sign 30 inches wide and 4 feet high, saying: "PROSPECTIVE HOME BUYERS! YOU ARE INVITED TO EXAMINE...

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