Keane & Beane attorneys Richard L. O’Rourke, Jennifer L. Gray, and George Alissandratos successfully defended an appeal before the Appellate Division, Second Department, which affirmed the dismissal of an action seeking $1,750,000 in damages for alleged private nuisance arising from purported noise pollution. The appeal was briefed and argued by George Alissandratos on behalf of the firm.
This litigation was commenced by property owners against the owner and operator of Cricket Valley Energy Center (CVEC) – a $1.5 billion electric-generation facility in Dover, New York capable of producing enough electricity to power 1,000,000 homes. Plaintiffs initially sought damages and an injunction prohibiting operation of the facility based upon alleged air and noise emissions.
At the outset of the lawsuit, Keane & Beane successfully defended against plaintiffs’ efforts to enjoin CVEC’s operation and obtained an immediate dismissal of all claims except one: a private nuisance cause of action premised on alleged noise.
In a Decision and Order dated November 16, 2022, the Supreme Court, Dutchess County (Hon. Maria G. Rosa, J.S.C.) granted summary judgment in favor of CVEC, dismissing the sole remaining cause of action and thereby disposing of the case in its entirety. The Court found that the alleged noise intrusions were insubstantial and not unreasonable, and that the plaintiffs had not suffered any diminution in property value.
Plaintiffs appealed that determination, and the appeal was argued on February 20, 2025. In a Decision & Order dated October 15, 2025, the Appellate Division, Second Department unanimously affirmed, holding that CVEC demonstrated compliance with all governmental permits, approvals, and environmental performance standards. The Court further held that the noises complained of were exempt from regulation under the Town Code and were “insufficient to establish a ‘pattern of continuity or recurrence’” necessary for a nuisance claim.
This appellate victory underscores Keane & Beane’s ability to successfully defend complex, high-stakes litigation through every stage of the judicial process—from trial court to appellate review—and further reinforces the firm’s reputation for achieving favorable outcomes in significant commercial and property-related disputes.
A copy of the Appellate Division Decision & Order can be found here.
