STIGLIANESE v. VALLONE


174 Misc.2d 312 (1997)

666 N.Y.S.2d 362

Michael Stiglianese et al., Respondents, v. Gay Vallone et al., Appellants.

Supreme Court, Appellate Term, First Department.

June 13, 1997


Attorney(s) appearing for the Case

Bertan & LaRaus, White Plains (David Bertan of counsel), for Gay Vallone, appellant. Mainiero & de Andrade, New York City (David de Andrade of counsel), for Joseph Vallone, appellant. Mark A. Varrichio & Associates, Bronx (Mark A. Varrichio of counsel), for respondents.

PARNESS, J. P. and FREEDMAN, J., concur; McCOOE, J., dissents in part in a separate memorandum opinion.


Per Curiam.

Judgment entered October 20, 1995 reversed, and new trial ordered with $30 costs to abide the event.

Plaintiffs and defendants are neighbors who share occupancy of a two-family residence located in a residentially zoned area of Bronx County. Plaintiffs commenced this action seeking damages based upon a private nuisance allegedly created by defendant Joseph...

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