WHEELER v. DEL DUCA

2014-07776. Index No. 168/12.

151 A.D.3d 1005 (2017)

58 N.Y.S.3d 409

2017 NY Slip Op 05116

SANDRA WHEELER, Formerly Known as SANDRA PHILLIPS, Appellant, v. DONALD P. DEL DUCA et al., Respondents.

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

Decided June 21, 2017.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted those branches of the defendants' motion which were pursuant to CPLR 3211 (a) (7) to dismiss the first and second causes of action, which alleged a private nuisance, as the amended complaint failed to state a cause of action to recover damages for a private nuisance. The plaintiff failed to sufficiently allege an interference with her right...

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