Szeredy v. A. Duie Pyle, Inc.

Agostini, John A., J.

The defendant brings this motion to dismiss this complaint, asserting that there are no facts in dispute and it is entitled to a judgment as a matter of law with respect to these claims. Not surprisingly, the plaintiffs contend that the complaint is sufficient to withstand this motion.

The plaintiffs have filed an action claiming that excessive noise, dust, flumes and vibrations from the defendant’s trucking terminal constitutes a nuisance and trespass. The plaintiff further asserts that the defendant intentionally increased the noise in retaliation of the plaintiffs’…