Anniszkiewicz v. Harrison
Opinion of the Court
—Appeal from a judgment of Supreme Court, Ontario County (Marks, J.), entered December 5, 2000 in favor of plaintiff following a nonjury trial.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the award for attorneys’ fees and costs in the amount of $6,453.66 and as modified the judgment is affirmed without costs.
Memorandum: Supreme Court properly determined following a bench trial that Kevin J. Harrison (defendant) wrongfully interfered with an implied easement created in favor of plaintiff when her property became landlocked. The court properly awarded plaintiff compensatory damages in the amount of the real estate taxes paid during the period that defendant wrongfully interfered with her easement, thereby limiting the use and enjoyment of her property (see, Tarantelli v Tripp Lake Estates, 63 Misc 2d 913, 920). It also properly awarded plaintiff punitive damages based on defendant’s malicious conduct after September 9, 1999, which was intended to intimidate plaintiff (see, Ligo v Gerould, 244 AD2d 852, 853; Chlystun v Kent, 185 AD2d 525, 527).
We conclude, however, that the court erred in awarding
Case-law data current through December 31, 2025. Source: CourtListener bulk data.