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McMULLAN v. HRH CONSTRUCTION, LLC

38 A.D.3d 206 (2007)

831 N.Y.S.2d 147

ALASDAIR McMULLAN et al., Respondents, v. HRH CONSTRUCTION, LLC, et al., Appellants, et al., Defendants.

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

Decided March 1, 2007.

The facts found by Supreme Court, which have support in the record and are based in part on admissions by defendants, show that plaintiffs are likely to succeed on their causes of action for trespass and private nuisance (see Copart Indus. v Consolidated Edison Co. of N.Y., 41 N.Y.2d 564, 570 [1977]; cf. Gellman v Seawane Golf & Country Club, Inc., 24 A.D.3d 415 [2005]; B & R...

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