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BATTISTELLO v. EAST 51ST ST.

769000/08.

24 Misc.3d 858 (2009)

JENNIFER BATTISTELLO et al., Plaintiffs, v. EAST 51ST STREET DEVELOPMENT COMPANY, LLC, et al., Defendants.

Supreme Court, New York County.

Decided May 12, 2009.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, New York City (Ray Hughes of counsel), for New York Crane & Equipment Corporation, defendant.

Gallo Vitucci & Klar, New York City (Howard Klar of counsel), for Reliance Construction Ltd., Doing Business as RCG Group and Reliance Construction Group, defendant.

O'Melveny & Myers LLP, New York City (Thomas Carruthers of counsel), for East 51st Street Development Company, LLC, defendant.

Jaroslawicz & Jaros, LLC, New York City (Elizabeth Eilender of counsel), for plaintiffs.

OPINION OF THE COURT

KAREN S. SMITH, J.

This motion by defendant New York Crane & Equipment Corporation (hereafter NY Crane) for an order pursuant to CPLR 3211 (a) (7) dismissing those portions of plaintiffs' complaint relating to emotional injuries and nuisance is granted in part and denied in part, as discussed more fully below. As the cross motions by defendants Reliance Construction Ltd., doing business as RCG Group, sued herein as Reliance Construction...

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