Robert v. Kohs,
(App.Div.1st Dept. 2006)
35 A.D.3d 178, 826 N.Y.S.2d 220
We represented the owner of a Manhattan townhouse which went to trial. The issue was whether the newly built façade of a neighboring townhouse caused an encroachment requiring removal of the entire façade. The trial court determined that though there was encroachment, it was only three inches. The trial court awarded only $500 in damages. We appealed and convinced the Appellate Division, First Department to reverse and order the removal of the entire façade despite the fact it encroached only three inches. This changed the law which previously provided only minimal damages for a minimal encroachment.
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