Pindar Vineyards, LLC v. Vitti, No. 08-14370, 2012 NY Slip Op 32511(U) (N.Y. Ct. Sup. Sept. 24, 2012)

(grape-growing plaintiff brought negligence, trespass, and nuisance claims against landlord claiming she knew or should have known her sod-growing tenants would use a chemical herbicide; plaintiff also brought same claims against tenant for improper herbicide drift causing destruction of grapevines; landlord filed summary judgment motion for all claims against her as an out-of-possession landlord; court found landlord made no promises to repair property or had any constructive knowledge of herbicide spray nor did she have any intent or knowledge regarding any entry onto plaintiff’s property, so no proof of claims existed and summary judgment granted; cross motions for summary judgment between plaintiff and tenant were denied due to questions of fact regarding timing of spray in April and causation of damages seven weeks later).