WEINBERG v. LOMBARDI


217 A.D.2d 579 (1995)

629 N.Y.S.2d 280

Ernest L. Weinberg et al., Respondents, v. Gary Lombardi, Appellant, et al., Defendant

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

July 10, 1995


Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, and the plaintiffs' motion is denied.

No basis existed for the Supreme Court to grant the plaintiffs' motion for summary judgment with regard to either their cause of action to recover damages for trespass or their cause of action sounding in private nuisance. With regard to the former, it is clear that the facts pleaded by the plaintiffs did not establish that by erecting...

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