Chemical Company Should Face Nuisance Property Claim, Court Says

A Buffalo, NY, chemical company shouldn’t be granted a quick win in a case over toxic odors invading neighboring property, a federal magistrate judge said in his report.

PVS Chemical Solutions Inc.‘s motion for summary judgment should be denied because the private nuisance claim it’s facing is supported by an agreement with the state, Magistrate Judge Jeremiah J. McCarthy of the US District Court for the Western District of New York said in his recommendation Tuesday.

South Buffalo Development LLC claimed that PVS Chemical interfered with the use of its properties in upstate New York through the “illegal movement ...