Opinion
2003-03342.
Decided May 17, 2004.
In an action to recover damages for nuisance and breach of a stipulation of settlement, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated February 6, 2003, which granted the defendant's motion for summary judgment dismissing the complaint.
Cahalan Cahalan, P.C., Northport, N.Y. (Eric M. Cahalan of counsel), for appellant.
Douglas A. Durnin, Massapequa, N.Y., for respondent.
Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court erred in determining that the defendant, who was an uncompensated director of a beach club, was entitled to the protection of Not-For-Profit Corporation Law § 720-a ( see Bernbach v. Bonnie Briar Country Club, 144 A.D.2d 610). Nevertheless, the defendant met her burden of establishing her entitlement to judgment as a matter of law ( see Zuckerman v. City of New York, 49 N.Y.2d 557) by demonstrating that she did not participate in the creation of the alleged nuisance ( see Tucker v. Meola, 170 A.D.2d 667; Widlitz v. Scher, 148 A.D.2d 530; Bellinzoni v. Seland, 128 A.D.2d 580), and did not sign the stipulation of settlement ( see Salzman Sign Co. v. Beck, 10 N.Y.2d 63). In response, the plaintiff failed to raise a triable issue of fact ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.
SANTUCCI, J.P., SCHMIDT, TOWNES and MASTRO, JJ., concur.