Riverso and De La Hoz Obtain Preliminary Injunction Without an Evidentiary Hearing

February 24, 2020 | Commercial Litigation | Construction

In a trespass action, Pia E. Riverso and Catalina E. De La Hoz obtained a preliminary injunction in favor of the firm’s clients, two owners of adjoining property in Brooklyn, NY.

The two homeowners commenced an action against the defendants — adjoining property owners — after the defendants’ encroached on the plaintiffs’ properties during their construction-related activities and took a portion of land at least 1.5 wide X 70 feet long belonging to the Plaintiffs.

The Supreme Court, Kings County, without an evidentiary hearing and based on the written papers and oral argument, enjoined the defendants from engaging in any further construction work in the alleyway of their’ property running along the rear of the plaintiffs’ properties.  Additionally, the Court required the defendants to redirect cameras that were recording the plaintiffs’ backyards away from the plaintiffs’ properties.

The Court determined that the plaintiffs established a likelihood of success on their claims, noting that, while the plaintiffs produced surveys of their properties, including a survey from 1923, which show that the disputed area of land belongs to the them, the defendants failed to produce a single survey or any other evidence to the contrary.

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