Legal Opinion

Aristides v. Foster

Appellate Division of the Supreme Court of the State of New York

Decided May 25, 2010PublishedCited by 13 opinions

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…

2Cases cited5 opinions

  1. Wilner v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  2. Zimmerman v. CarmackAppellate Division of the Supreme Court of the State of New York · 2002
  3. JP Morgan Chase Bank v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 2007
  4. Derek Donnelly v. FortuNato NicotraAppellate Division of the Supreme Court of the State of New York · 2008
  5. Vacca v. ValerinoAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by13 opinions

  1. Broxmeyer v. United Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Behar v. Quaker Ridge Golf Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Wlody v. Birch Family Servs., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  4. Board of Directors of Squire Green at Pawling Homeowners Ass'n v. BellAppellate Division of the Supreme Court of the State of New York · 2011
  5. Emerson Enterprises, LLC v. Kenneth Crosby New York, LLCDistrict Court, W.D. New York · 2011

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