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STANLEY v. AMALITHONE REALTY

6284.

94 A.D.3d 140 (2012)

940 N.Y.S.2d 65

2012 NY Slip Op 1788

SUSAN SCOTT STANLEY et al., Appellants, v. AMALITHONE REALTY, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 13, 2012.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr. , New York City, and Gabriel North Seymour , New York City, for appellants.

Brown Rudnick LLP, New York City ( Wayne F. Dennison and Katherine S. Bromberg of counsel), for respondents.

ANDRIAS, J.P., SAXE, SWEENY, ACOSTA and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

ACOSTA, J.

Plaintiffs are apartment residents seeking, inter alia, the removal of a cell phone tower from a nearby rooftop based on allegations that the tower's radio frequency emissions present a danger to health and constitute a nuisance. Defendant Amalithone Realty, Inc. owns the building with the cell phone tower, 113-115 University Place, in Manhattan. Defendant Amalgamated Lithographers of America, Local One, occupies Amalithone...

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