Appellate Division of the Supreme Court of New York, 1977

Rosenberg v. Albanese

Rosenberg v. Albanese
Appellate Division of the Supreme Court of New York · Decided October 31, 1977
59 A.D.2d 776; 398 N.Y.S.2d 1000; 1977 N.Y. App. Div. LEXIS 13827
Rosenberg v. Albanese

Opinion of the Court

In an action to enjoin an alleged nuisance, plaintiffs appeal from a judgment of the Supreme Court, Rockland County, entered October 8, 1976, which, inter alia, dismissed the complaint and the third-party complaint, after a nonjury trial. Judgment affirmed, with costs to defendants Albanese payable by plaintiffs. Upon a review of *777the record, we agree with the trial court’s findings of fact, notwithstanding its simplification of the very technical expert testimony presented. Gulotta, P. J., Latham, Damiani and O’Connor, JJ., concur.

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