Opinion
Argued October 26, 1965
Decided November 24, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN P. DONOHOE, J.
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, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.