Barklee 94 LLC v. Oliver

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered May 16, 2014, which denied defendants’ motion to dismiss the complaint, unanimously modified, on the law, to grant the motion as to the first, second, fourth, and fifth causes of action, so much of the third cause of action as sounds in nuisance and trespass, other than the portion of the trespass claim that is based on the installation of wires across plaintiffs rooftop, and so much of the sixth cause of action as seeks replacement of certain decorative panels along the building’s rear facade, and otherwise affirmed,…