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STANLEY v. AMALITHONE REALTY

103436/2010

31 Misc.3d 995 (2011)

921 N.Y.S.2d 491

SUSAN SCOTT STANLEY et al., Individually and as Guardians of an Infant, Plaintiffs, v. AMALITHONE REALTY, INC., et al., Defendants.

Supreme Court, New York County.

Decided March 17, 2011.

Attorney(s) appearing for the Case

Brown Rudnick LLP, New York City ( Tanya D. Bosi and Wayne F. Dennison of counsel), for defendants.

Whitney North Seymour Jr. , New York City, for plaintiffs.

OPINION OF THE COURT

O. PETER SHERWOOD, J.

This is an action brought to have a cell phone tower adjudged a common-law nuisance and removed from the rooftop of a building owned by defendant Amalithone Realty, Inc. The building is located near the residential property where plaintiffs reside. Defendant Amalgamated Lithographers of America, Local One, a union, leases the building in question as its headquarters. The action sounds in nuisance, trespass, and...

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