Andre v. Invenergy LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK MARK ANDRE, et al., DECISION AND ORDER Plaintiffs, v. 14-cv-765-JIM INVENERGY LLC, Defendant. The parties have consented to my jurisdiction over this action [19],' and their familiarity with the relevant facts and procedural history is presumed. Plaintiffs’ Amended Complaint [23] alleges that defendant Invenergy LLC’s operation of its wind turbines in Wyoming County, New York constitutes both nuisance and negligence. Before the court is Invenergy’s motion pursuant to Fed. R. Civ. P. (“Rule”) 56 for summary judgment dismissing those…