Davi v. Occhino

In an action, inter alia, to recover damages for trespass and private nuisance, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Schulman, J.), dated August 19, 2009, as granted the defendant’s motion to confirm a referee’s report (Geller, R.), dated March 5, 2009, made after a hearing, recommending that judgment be entered in favor of the defendant dismissing the complaint, and denied his cross motion to reject the report.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion to…