Wheeler v. Del Duca
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 trespass and private nuisance and for injunctive relief, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Pastor-essa, J.), dated May 30, 2014, which granted the defendants’ motion pursuant to CPLR 3211 (a) to dismiss the amended complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted those branches of the defendants’ motion which were pursuant to CPLR 3211 (a) (7) to dismiss the first and second causes of action, which alleged a private nuisance, as the amended complaint failed to…
2Cases cited14 opinions
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