Court upholds damages in neighbors’ battle over implied easement

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 19, 2022 11:50 AM

Guessing wrong about whether their upstairs neighbors in a two-unit condominium had an implied easement that reached down into their basement, Gherasim and Lidia Stoia were hit with a permanent injunction.In addition, the couple was ordered to pay punitive damages of $2,500 for trespass to chattel — plus $19,500 in attorney fees as part of the exemplary award — after removing a furnace, hot water heater and electrical panel that serviced Daniel and Cornelia Cusniriuc’s second floor condo.On appeal, the …

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