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January 2020

Lee Henig-Elona and Gregory Brescia Obtain Full Dismissal on Summary Judgement in Nassau County Supreme Court

Gordon Rees Scully Mansukhani Of-Counsel, Lee Henig-Elona, and Senior Counsel, Gregory Brescia, obtained a complete dismissal of suit alleging property damage filed by a property owner against our client, a concrete manufacturing company sued in New York Supreme Court County of Nassau.  

The plaintiff claimed that defendant’s operation which involved heavy trucks and equipment caused structural damage to her building and driveway.  The plaintiff further claimed that defendant’s operation constituted a continuous trespass and nuisance.  

After the close of discovery, Henig-Elona and Brescia moved for summary judgement on the issue of liability, arguing that plaintiff failed to offer any evidence that defendant caused the damage to her property, plaintiff lacked standing on the nuisance claims, and that plaintiff’s habitual failures to disclose insurance reports, despite the Court’s directive, justified the complete dismissal of her complaint.  

The Court agreed and granted the Motion for Summary Judgement, dismissing the complaint in its entirety.  
 

Gregory N. Brescia
Lee Henig-Elona