Buchanan v. Cardozo — 16 N.Y.2d 1029

Majority

p. 1029

David H. Buchanan et al., Respondents-Appellants, v. Peter S. Cardozo, Appellant-Respondent.

• Argued October 26, 1965;

decided November 24, 1965.

p. 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, Ftjld, Van Voorhis, Burke, Scileppi and Bergan.