Appellate Division of the Supreme Court of the State of New York February 7, 2005 (Ward v. City of New York)

In an action, inter alia, to recover damages for trespass and nuisance, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Jacobson, J), dated September 24, 2003, which granted the motion of the defendants City of New York and New York City Department of Buildings and the separate motion of the defendant New York City Transit Authority to dismiss the