Macris v Matta

Macris v Matta 2012 NY Slip Op 08701 Decided on December 19, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 19, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
2011-09643
(Index No. 1354/11)

[*1]Mary Lynn Macris, et al., appellants,

v

Paula Seoud Matta, et al., respondents.




Levine & Vaysberg, P.C., Brooklyn, N.Y. (Alexander Levine of
counsel), for appellants.
Young/Sommer LLC, Albany, N.Y. (Kristin Laviolette Pratt and
Dean S. Sommer of counsel), for
respondents.


DECISION & ORDER

In an action to recover damages for private nuisance and trespass, the plaintiffs appeal from an order of the Supreme Court, Putnam County (Lubell, J.), dated August 25, 2011, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The defendants established their prima facie entitlement to judgment as a matter of law, as they have no affirmative duty to remedy a natural condition on their property such as the beaver dam at issue here (see Vanderwiele v Taylor, 65 NY 341; Frank v Garrison, 184 AD2d 852; Lichtman v Nadler, 74 AD2d 66). In response to this showing, the plaintiffs failed to raise a triable issue of fact (see Hilltop Nyack Corp. v TRMI Holdings, 272 AD2d 521; cf. Higgins v Village of Orchard Park, 277 AD2d 989).

The parties' remaining contentions are without merit.
MASTRO, J.P., RIVERA, CHAMBERS and LOTT, JJ., concur.

ENTER: [*2]

Aprilanne Agostino

Clerk of the Court