GRECO v. INCORPORATED VIL. OF FREEPORT

2007-06348.

66 A.D.3d 836 (2009)

886 N.Y.S.2d 615

2009 NY Slip Op 7588

VINCENT GRECO et al., Appellants, v. INCORPORATED VILLAGE OF FREEPORT, Respondent.

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

Decided October 20, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Incorporated Village of Freeport constructed a power plant near the plaintiffs' property in 1969. In 2002 the plaintiffs commenced this action, inter alia, to recover damages for negligent construction and operation of the power plant, nuisance, and trespass. After discovery was completed, the defendant moved for summary judgment dismissing the complaint on the ground that the statute...

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