LUCCHESI v. PERFETTO

2009-00763

72 A.D.3d 909 (2010)

899 N.Y.S.2d 341

MICHAEL LUCCHESI et al., Appellants, v. CESAR PERFETTO et al., Respondents.

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

Decided April 20, 2010.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the defendants' motion which was for summary judgment dismissing the first cause of action to recover damages for nuisance, and substituting therefor a provision granting that branch of the motion only to the extent that it seeks damages for acts of nuisance alleged to have occurred more than three years prior to the commencement of this action, and otherwise denying...

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