In Buchanan, et al. v. Cardozo, 24 AD2d 620 , aff'd. 16 NY2d 1029 (1965), a stone retaining wall collapsed. Defendant refused to repair the wall or to remove the debris from Plaintiffs' property. The Plaintiffs in Buchanan, supra, commenced an action alleging three causes of action-trespass, negligence and nuisance. Plaintiffs demanded damages for each cause of action and equitable relief requiring the Defendant to abate the nuisance. In Buchanan, supra at 620-21, the Appellate Division, Second Department opined that "Special Term held that the presence of the debris on Plaintiffs' land constitutes a continuing trespass and that such trespass, together with the condition of the wall remaining, constitutes a nuisance. Among other things, Defendant was directed to remove the debris from Plaintiffs' land, to repair his wall and to maintain it in a safe condition. In our opinion, the proof before Special Term wholly failed to show a voluntary, affirmative act by the Defendant which directly caused the collapse of the retaining wall on Plaintiffs' land (see Phillips v. Sun Oil Co., 307 NY 328, 121 N.E.2d 249; 1 Restatement, Torts, 158, 166). Nor can the presence of the debris on Plaintiffs' land be said to be a continuing trespass, since its initial entry was not a trespass and since it was not placed thereon pursuant to a license or other privilege which the Plaintiffs had thereafter terminated (1 Restatement, Torts, 160, 161). However, the proof before Special Term showed that the present dangerous condition of the wall creates a risk of future, substantial damage to Plaintiffs' property which amounts to a present serious interference with Plaintiffs' enjoyment of their land and therefore constitutes a nuisance (Prosser, Torts [2d ed.], 70; 1 Am Jur 2d, Adjoining Landowners, 17). In Buchanan, the court granted summary judgment with respect to the cause of action sounding in nuisance, ordered the Defendant to remove the debris and to construct and maintain the retaining wall in a safe condition, and directed an assessment of damages.