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Columns & DepartmentsCommercial LawLitigationNew York Real Estate Law Reporter

Real Property Law

BY ssalkin
March 01, 2018

Punitive Damages for Intentional Encroachment

Arcamone-Makinano v. Britton Property, Inc.
NYLJ 12/15/17, p. 30, col. 6., AppDiv, Second Dept (memorandum opinion).

In landowner's action for trespass by neighboring developer, both parties appealed from Supreme Court's award, after nonjury trial, of $750,000 in compensatory damages, and issuance of an injunction requiring removal of encroachments projecting into landowner's airspace. The Appellate Division modified to reduce the compensatory damage award, and to award punitive damages.

Landowner's parcel is improved with a single-family house. Developers built a six-story building on the adjacent lot, and installed 17 steel I-Beams which encroached on landowner's parcel. The I-Beams, which extended 25 feet below ground, were installed to provide support during excavation, but could have been removed during a subsequent phase of construction. Despite landowner's request, developer did not remove them. In addition, a roof cap and façade trim extended over landowner's parcel. Landowner brought this action seeking compensatory and punitive damages for the underground encroachment, and seeking an injunction requiring removal of the above-ground encroachments. Supreme Court awarded $750,000 in compensatory damages, together with an injunction against the above-ground trespass, but denied punitive damages.

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