Lichtman v. Nadler

OPINION OF THE COURT

Hancock, Jr., J.

Plaintiffs’ appeal presents a well-defined legal issue: whether owners of residential property in an urban area have a cause of action for private nuisance based on harmful consequences to their property due to mosquitoes and unpleasant odors coming from the natural accumulation of stagnant water on adjoining land. In our opinion, Special Term properly granted summary judgment and dismissed the plaintiffs’ complaint invoking the established common-law rule that a landowner is under no affirmative duty to remedy conditions of purely natural origin upon his…