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by nycman » Sat Jan 18, 2020 5:16 pm
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A private nuisance is a nuisance that “threatens one person or a relatively few, an essential feature being an interference with the use or enjoyment of land.” Copart Industries, Inc. v. Consolidated Edison Co. of New York, Inc., 41 N.Y.2d 564, 578 (1977) (internal citations omitted). The elements of a private nuisance cause of action are: “(1) an interference substantial in nature, (2) intentional in origin, (3) unreasonable in character, (4) with a person’s property right to use and enjoy land, (5) caused by another's conduct in acting or failure to act.” Id. at 570.
“In determining whether a defendant's use of property is a nuisance, the court must weigh the gravity of the harm to plaintiff against the utility and necessity for defendant’s conduct.” Stanley v. Amalithone Realty, Inc., 31 Misc.3d 995, 1002 (Sup. Ct. N.Y. County 2011) (internal citations omitted).
by nycman » Mon Jan 20, 2020 1:39 pm
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