Turner v. Coppola

OPINION OF THE COURT

B. Thomas Pantano, J.

This motion and cross motion are disposed of as follows:

Defendants move this court for an order dismissing the complaint pursuant to CPLR 3211 (subd [a], pars 5, 7, 8, 10). Plaintiff cross-moves for summary judgment and a denial of the defendants’ motion. Plaintiff’s cross motion for summary judgment is denied in light of the decision hereinafter set forth granting defendants’ motion to dismiss the complaint. The defendants’ motion to dismiss the complaint is granted.

This is an action for omnibus relief due to an alleged nuisance. The adversaries own…