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Behar v. Quaker Ridge Golf Club, Inc.
Citations: 118 A.D.3d 833; 988 N.Y.S.2d 633
Court: Appellate Division of the Supreme Court of the State of New York; June 18, 2014; New York; State Appellate Court
In an appeal concerning injunctive relief and damages for nuisance, trespass, and negligence, the plaintiffs contest portions of an order from the Supreme Court, Westchester County. The July 10, 2012 order denied their requests for a permanent injunction and summary judgment on liability while granting the defendant, Quaker Ridge Golf Club, summary judgment to dismiss the complaint and the first counterclaim. The appellate court reversed these decisions, denying Quaker Ridge's motions to dismiss and granting the plaintiffs' motions for a permanent injunction and summary judgment on liability. The court permanently enjoined Quaker Ridge from operating its golf course in ways that constitute a private nuisance and cause trespass on the plaintiffs’ property. The appeal from a subsequent December 11, 2012 order, which denied the plaintiffs' motion for leave to renew their opposition, was dismissed as academic due to the prior ruling. The plaintiffs initiated the lawsuit claiming that Quaker Ridge failed to prevent golf balls from entering their property, while Quaker Ridge countered with claims regarding tree preservation obligations. The court found that the elements of a private nuisance were met, including substantial interference with the plaintiffs' property rights caused by the defendant's actions. One bill of costs was awarded to the plaintiffs. Plaintiffs established a prima facie case for judgment regarding private nuisance and trespass against Quaker Ridge, demonstrating that the operation of its golf course resulted in a significant number of golf balls landing on their property, causing discomfort and inconvenience. This constituted an appreciable injury, supported by precedents. For trespass, plaintiffs showed that the frequent invasion of golf balls was a direct result of Quaker Ridge's negligence, amounting to willfulness due to the lack of action to mitigate the issue. Additionally, plaintiffs proved that Quaker Ridge breached its duty of care by failing to implement reasonable safety measures to prevent foreseeable harm to adjacent properties. Quaker Ridge did not present a triable issue of fact in its defense. The court found that Quaker Ridge failed to show that plaintiffs were bound by a tree preservation plan or that their actions were the sole cause of the claims. Consequently, the Supreme Court's dismissal of the complaint was deemed erroneous, and the plaintiffs' motions for a permanent injunction, summary judgment on liability, and dismissal of Quaker Ridge’s counterclaim should have been granted. The appeal regarding the denial of renewal was rendered academic.