Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.

×
×
About Day Pitney Careers News Client Access

Insights

Publications Events

Appellate Division Clarifies Standard for Property Nuisance Claims

Publisher: The New Jersey Law Journal
July 29, 2016
Day Pitney Author(s) Christopher John Stracco Katharine A. Coffey

Christopher John Stracco, Katharine A. Coffey and Jennifer Gorga Capone wrote an article, "Appellate Division Clarifies Standard for Property Nuisance Claims," for The New Jersey Law Journal. This article addresses the significance of the Appellate Division in Scannavino v. Walsh, Docket No. A-0033-14T1 App. Div., April 14, 2016. The case involved a claim by an adjoining property owner that the "careless, negligent and grossly negligent maintenance" of his neighbor's trees caused damage to a retaining wall on his property. The Law Division held that because the defendants did not plant or preserve the trees, they constituted a "naturally occurring condition" for which the defendants were not liable. The precedential decision, clarified that the Restatement (Second) of Torts—(as opposed to the Restatement (Third) of Torts—governs property nuisance claims in New Jersey. 

Recommended
Day Pitney Sponsors 2022 New England Energy Conference and Exposition

Day Pitney is sponsoring the upcoming New England Energy Conference and Exposition (NEECE), which is being held on May 17-18 at the AC Hotel by Marriott in Worcester, MA.

May 17-18, 2022
"Tying It All Together: The Backbone of a Decarbonized Future Grid," hosted by the New England Energy Conference and Exposition
Tax Court Holds that CAFRA Permit is Not a Prima Facie Bar to Application of the Freeze Act
May 9, 2022

Day Pitney Alert

"Timely Topics for Assessors and Appraisers," Annual New Jersey Seminar of the Society of Professional Assessors

New Jersey-based partner Christopher Stracco is speaking on a panel at the Annual New Jersey Seminar of the Society of Professional Assessors titled, "Timely Topics for Assessors and Appraisers," on April 8.

April 8, 2022
Annual New Jersey Seminar of the Society of Professional Assessors
"Land Use Update 2022," NJICLE

On February 23, Partner Craig M. Gianetti spoke at the program, "Land Use Update 2022," about challenges to zoning ordinances and ethical issues in land use matters.

February 23, 2022
"Land Use Update 2022," hosted by NJICLE
FERC Issues Two Policy Statements Impacting Natural Gas Infrastructure Projects
February 22, 2022

Day Pitney Alert

Day Pitney's New Environmental Vice Chair on Role
April 27, 2022

Day Pitney Environmental Partner Todd Terhune was featured by Law360 Pulse in a Q&A article discussing his arrival to the firm and his position as Vice Chair of the Environmental practice.

Day Pitney Adds Terhune as Partner, Vice Chair of Environmental Team
April 26, 2022

Environmental partner Todd Terhune's arrival to Day Pitney was featured in Real Estate NJ article, "Day Pitney Adds Terhune as Partner, Vice Chair of Environmental Team."

Day Pitney Adds Environmental Group Vice Chair in NJ
April 25, 2022

Todd Terhune's arrival to the firm was profiled in the Law360 article titled, "Day Pitney Adds Environmental Group Vice Chair in NJ."

Professional Spotlight 2022: Top Law Firms in New Jersey Commercial Real Estate
March 22, 2022

Day Pitney was included in Real Estate NJ's "Professional Spotlight 2022: Top Law Firms in New Jersey Commercial Real Estate."

BPDA Bids to Streamline Process of Developing City-Owned Land
March 9, 2022

Boston-based Commercial Real Estate Partner Jared Ross was quoted in The Boston Globe article, "BPDA Bids to Streamline Process of Developing City-Owned Land." 
Related Professionals
Christopher Stracco
Christopher John Stracco
Parsippany, NJ
T: (973) 966 8220
Coffey, Katharine
Katharine A. Coffey
Parsippany, NJ
T: (973) 966 8323
New Jersey Hartford Stamford Greenwich New Haven West Hartford Boston
New York Washington, DC Providence Boca Raton Miami West Palm Beach

This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.

This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.