The causes of action for trespass and private nuisance were properly dismissed. The parties executed an agreement providing that defendants would pay the sum of $55,508.85 to satisfy "all past damages" that were caused by the renovation of defendants' townhouse. Therefore, since all prior damages were settled, defendants were released from claims of trespass and nuisance with respect to preagreement conduct (see Matter of Lipper Holdings v Trident Holdings,
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MAGLIOCCO v. MKB FAMILY, LLC
650227/19. Appeal No. 14691. Case No. 2021-00029.
199 A.D.3d 576 (2021)
159 N.Y.S.3d 7
2021 NY Slip Op 06548
Joseph J. Magliocco et al., Appellants, v. MKB Family, LLC, et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 23, 2021.
Decided November 23, 2021.
Attorney(s) appearing for the Case
Quinn McCabe LLP, New York ( Simon Block of counsel), for appellants.
Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York ( Maurizio Anglani of counsel), for respondents.
Concur—Kern, J.P., Gesmer, González, Shulman, Higgitt, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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