VOLUNTEER FIRE ASSOCIATION OF TAPPAN, INC., res-ap, v. COUNTY OF ROCKLAND, ET AL., APPELLANTS-res

VOLUNTEER FIRE ASSOCIATION OF TAPPAN, INC., res-ap, v. COUNTY OF ROCKLAND, ET AL., APPELLANTS-res — (INDEX NO. 10907/07)Dwight D. Joyce, Stony Point, N.Y., for respondent-appellant.

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VOLUNTEER FIRE ASSOCIATION OF TAPPAN, INC., res-ap, v. COUNTY OF ROCKLAND, ET AL., APPELLANTS-res — (INDEX NO. 10907/07)Dwight D. Joyce, Stony Point, N.Y., for respondent-appellant.

In an action, inter alia, for injunctive relief and to recover damages for trespass and private nuisance, the defendants County of Rockland, County of Rockland Highway Department, and Andrew M. Connors appeal, and the defendant Morano Brothers Corp., separately appeals, as limited by their respective briefs, from so much of a judgment of the Supreme Court, Rockland County (Walsh II, J.), entered November 17, 2010, as, upon the denial of that branch of their motion pursuant to CPLR 4401 which was for judgment as a matter of law dismissing the causes of action to recover damages for trespass and private nuisance, made at the close of the plaintiff’s case, and upon a jury verdict finding that the plaintiff sustained damages in the principal sums of $10,000 for physical damage resulting from trespass, $20,000 for physical damage resulting from private nuisance, $30,000 for loss of use resulting from trespass, and $130,000 for loss of use resulting from private nuisance, is in favor of the plaintiff and against them in the principal sum of $190,000, and the plaintiff cross-appeals, as limited by its notice of appeal and brief, from so much of the judgment as, upon the granting of that branch of the defendants’ motion pursuant to CPLR 4401 which was for judgment as a matter of law dismissing the cause of action to recover damages pursuant to 42 USC §1983, made at the close of the plaintiff’s case, in effect, dismissed that cause of action, and failed to award it punitive damages.

VOLUNTEER FIRE ASSOCIATION OF TAPPAN, INC., res-ap, v. COUNTY OF ROCKLAND, ET AL., APPELLANTS-res

VOLUNTEER FIRE ASSOCIATION OF TAPPAN, INC., res-ap, v. COUNTY OF ROCKLAND, ET AL., APPELLANTS-res — (INDEX NO. 10907/07)Dwight D. Joyce, Stony Point, N.Y., for respondent-appellant.

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