LaJoy v. Luck Bros.

Appeal from an order of the Supreme Court (Dawson, J.), entered July 27, 2005 in Clinton County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff, individually and as trustee of W.H. LaJoy Irrevocable Trust, commenced this private nuisance action to recover for personal injuries and property damage allegedly caused by the nighttime reconstruction of a highway by defendants under a contract with the Department of Transportation (hereinafter DOT). Plaintiff asserted that the equipment used by defendants in reconstructing the highway had created, among…