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532 MADISON AVE. v. FINLANDIA

271 A.D.2d 49 (2000)

711 N.Y.S.2d 391

532 MADISON AVENUE GOURMET FOODS, INC., Appellant, v. FINLANDIA CENTER, INC., et al., Respondents.

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

July 6, 2000.

Attorney(s) appearing for the Case

Steven Sarshik of counsel (Eisenberg & Margolis, attorneys), for appellant.

Harry Steinberg of counsel (Abraham S. Altheim on the brief; Newman Fitch Altheim Myers, P. C., attorneys), for respondents.

ELLERIN and RUBIN, JJ., concur with MAZZARELLI, J. P.; ANDRIAS and BUCKLEY, JJ., dissent in a separate opinion by ANDRIAS, J.

OPINION OF THE COURT

MAZZARELLI, J. P.

This is an appeal from an order granting defendants' motion to dismiss the complaint for failure to state a cause of action. The central issue is whether it is possible for plaintiff to prevail on causes of action for public nuisance and for negligence where it has suffered economic loss, but no personal or property damage. We answer this question in the affirmative.

When considering a motion to dismiss pursuant...

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