Utica neighbor dispute settled in court

Utica homeowner wins civil lawsuit against her neighbors for five years of being harassed by them.

Posted: Dec 18, 2017 6:45 PM

Utica, N.Y. - A five year dispute between neighbors in North Utica has come to a conclusion in court, but the neighbor that won the case says she doesn't think the ruling will stop her neighbors from harassing her.

81 year old Gail Fellows took her neighbors, who live next door to her on Larchmont Ave., and are also in their 80's, to court, claiming they have repeatedly harassed her for the past five years since she put up a fence separating their two yards in 2012, "I feel unsafe, I don't know what they're going to do next."

Fellows won her civil lawsuit and Oneida County Supreme Court Judge Bernadette Clark ordered Delores and Rocco Rosati to pay Fellows a total of $25,000, referring to the Rosati's conduct in her decision as "outrageous."

Fellows' attorney, Mark Wolber breaks down the award of $25,000, "The judge awarded compensatory damages of $20,000 for the damage that she suffered, in addition to that she granted $5,000 in punitive damages, and punitive damages are damages that are awarded over and above what the court feels necessary to compensate the person for their injury but to punish the people for having engaged in these acts."

Fellows said the Rosati's harassed her guests by taking pictures of them when they come over to visit, purposely letting their dogs run over her lawn repeatedly, and making obscene gestures to her that she says she caught on surveillance cameras she had installed after she says someone repeatedly threw eggs at her house.

Wolber says Delores Rosati also followed Fellows in her vehicle which was also caught on camera, "It was clear that she followed her because she pulled to the side of the road, she followed her and stopped. She pulled into a driveway, the neighbor pulled behind her and Stopped in an adjoining driveway and as Fellows backed up, the neighbor backed up and she went down the street and followed her. No path that anybody would take other than to follow her another person."

Rocco Rosati told News Channel 2 by phone the following, "If we don't talk to you and our attorney doesn't talk to you, you can't run the story."

We have repeatedly tried to get the Rosati's attorney Gregg Starczewski of Utica to get the Rosati's side of the story on what has transpired over the past five years as well as reaction regarding the outcome of the case against them, but we have not had a response from Starczewski.

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