Buchanan v. Cardozo, 16 N.Y.2d 1029

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.

Case Details

Case Name: Buchanan v. Cardozo

Court Name: New York Court of Appeals

Date Published: Nov 24, 1965

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

Court Abbreviation: NY