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LICHTMAN v. NADLER

74 A.D.2d 66 (1980)

Gary Lichtman et al., Appellants, v. Beverly Nadler, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 8, 1980

Attorney(s) appearing for the Case

Kavinoky, Cook, Sandler, Gardner, Wisbaum & Lipman (K. Michael Sawicki of counsel), for appellants.

Miles, Cochrane, Grosse, Rossetti & Chelus and Heimerl, Kennan & Stiller (Raymond Miles, III, of counsel), for respondent.

CARDAMONE, J. P., and MOULE, J., concur with HANCOCK, JR., J.; SCHNEPP and DOERR, JJ., dissent and vote to reverse the order and deny the motion in an opinion by SCHNEPP, J.

HANCOCK, JR., J.

Plaintiffs' appeal presents a well-defined legal issue: whether owners of residential property in an urban area have a cause of action for private nuisance based on harmful consequences to their property due to mosquitoes and unpleasant odors coming from the natural accumulation of stagnant water on adjoining land. In our opinion, Special Term properly granted summary judgment and dismissed the...

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