Aristides v. Foster
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for private nuisance, the defendants appeal from an order of the Supreme Court, Suffolk County (Sgroi, J.), dated May 22, 2009, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, without costs or disbursements.
The defendants Phillip Foster and Kathy Foster operate a 7-Eleven store franchise on Laurel Road in East Northport, Suffolk County. The defendant 7-Eleven, Inc., is the franchisor. The plaintiffs own and reside in a house on Laurel Road, separated from the 7-Eleven store by one…
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