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ELAINE FARSISO, LLC v. LONG IS. COMPOST CORP.

2022-00421, Index Nos. 33468/13, 62596/13.

2024 NY Slip Op 02690

ELAINE FARSISO, LLC, ETC., Appellant, v. LONG ISLAND COMPOST CORP., ET AL., Respondents. (Action No. 1)

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

Decided May 15, 2024.

Attorney(s) appearing for the Case

Scheyer & Stern, LLC, Nesconset, NY ( Fredrick P. Stern of counsel), for appellant.

Harris Beach PLLC, New York, NY ( Judi Abbott Curry and Wayne L. Gladstone of counsel), for respondents in Action No 1.

Bartol Law Firm, P.C., Mineola, NY ( Diane K. Mendez of counsel), for respondents in Action No. 2.

Before: Valerie Brathwaite Nelson, J.P., Robert J. Miller, Helen Voutsinas, Lillian Wan, JJ.

DECISION & ORDER

In two related actions, inter alia, to recover damages for nuisance, which were joined for discovery and trial, the plaintiff in Action Nos. 1 and 2 appeals from an order of the Supreme Court, Suffolk County (George Nolan, J.), dated December 17, 2021. The order granted the motion of the defendants in Action Nos. 1 and 2 pursuant to CPLR 3126, inter alia, to dismiss the complaint in Action No. 1, and granted the cross-motion of the defendants...

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