Appellate Division of the Supreme Court of the State of New York March 25, 2002 (Zimmerman v. Carmack)

In an action, inter alia, to recover damages for trespass, nuisance, and intentional infliction of emotional distress, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Parga, J.), dated September 29, 2000, which, inter alia, granted the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.