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END OF THE HILL, LLC v. BROCK ACRES REALTY, LLC

213 CA 21-00253.

206 A.D.3d 1587 (2022)

167 N.Y.S.3d 876

2022 NY Slip Op 03602

End of the Hill, LLC, Respondent, v. Brock Acres Realty, LLC, et al., Appellants.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

SCOLARO FETTER GRIZANTI & McGOUGH, P.C., SYRACUSE (CHAIM J. JAFFE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

WOODS OVIATT GILMAN LLP, ROCHESTER (WARREN B. ROSENBAUM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action asserting causes of action for trespass, private nuisance, and the violation of RPAPL 861. The action is based on allegations that defendants Brock Acres Realty, LLC, Scott Brocklebank, and Travis Brocklebank, by their employees, agents, or contractors, while performing work to improve drainage on an adjoining parcel of land in furtherance...

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