Izzo v. Town of Smithtown

In an action to recover damages for trespass, the defendant appeals from an interlocutory judgment of the Supreme Court, Suffolk County (Emerson, J.), dated February 21, 2001, which, upon a jury verdict, is in favor of the plaintiffs and against it on the issue of liability.

Ordered that the interlocutory judgment is affirmed, with costs.

The plaintiffs, Alexander Izzo and Anthony Izzo, own a parcel of property in the Town of Smithtown (hereinafter the Town). The plaintiffs’ property is adjacent to a parcel owned by the Town, which was previously used as a landfill for the disposal of yard…