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HELMSLEY-SPEAR, INC. v. FISHMAN

57 A.D.3d 455 (2008)

HELMSLEY-SPEAR, INC., et al., Respondents, v. MICHAEL FISHMAN, as President of SEIU, et al., Appellants.

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

December 30, 2008.

Initially, we find that plaintiffs made out a cause of action for private nuisance. The Court of Appeals decision on November 24, 2008 was premised on the fact that the complaint alleged a cause of action for private nuisance. This is made clear in the opening sentences of the decision: "The issue on this appeal is whether plaintiffs' private nuisance cause of action is preempted by the National Labor Relations Act (NLRA...

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