WLODY v. BIRCH FAMILY SERVS., INC.

2020-03510. Index No. 715248/18.

210 A.D.3d 1036 (2022)

2022 NY Slip Op 06735

Trudy Wlody, Respondent, et al., Plaintiffs, v. Birch Family Services, Inc., Appellant.

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

Decided November 23, 2022.


Attorney(s) appearing for the Case

Moritt Hock & Hamroff LLP, Garden City, NY ( Robert L. Schonfeld and Matthew S. De La Torre of counsel), for appellant.

Ruskin Moscou Faltischek, P.C., Uniondale, NY ( E. Christopher Murray of counsel), for respondents.

Duffy, J.P., Rivera, Dowling and Taylor, JJ., concur.


In an action, inter alia, to recover damages for private nuisance and trespass, the defendant appeals from an order of the Supreme Court, Queens County (Robert J. McDonald, J.), entered March 13, 2020. The order, insofar as appealed from, denied those branches of the defendant's motion which were for summary judgment dismissing the causes of action alleging private nuisance and trespass insofar as asserted by the plaintiff Trudy...

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