Kupke v. Mullane

Full title: DEBRA A. KUPKE, Respondent, v. DOROTHY MULLANE et al., Appellants

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

Date published: Aug 15, 1994

207 A.D.2d 432 (N.Y. App. Div. 1994)

616 N.Y.S.2d 226

Opinion

August 15, 1994

Appeal from the Supreme Court, Suffolk County (Underwood, J.).

Ordered that the order as amended is affirmed insofar as appealed from, with costs.

The defendants failed to establish that they were entitled to judgment in their favor on the causes of action sounding in nuisance. Accordingly, the Supreme Court properly denied summary judgment (CPLR 3212 [b]). Thompson, J.P., O'Brien, Ritter and Krausman, JJ., concur.