Helmsley-Spear, Inc. v. Fishman

Initially, we find that plaintiffs made out a cause of action for *456private nuisance. The Court of Appeals decision on November 24, 2008 was premised on the fact that the complaint alleged a cause of action for private nuisance. This is made clear in the opening sentences of the decision: “The issue on this appeal is whether plaintiffs’ private nuisance cause of action is preempted by the National Labor Relations Act (NLRA). We hold that it is not” (11 NY3d 470, 472 [2008] [emphasis added]). The Court, in discussing whether federal law preempted plaintiffs’ action, also held: “The tort of…