96 South Broadway
On September 29, 2025, Feerick Nugent MacCartney obtained summary judgment on behalf of a group of single-family homeowners whose lives and homes were upended by an unruly cidery business. In McWhinney v. Rockland Cider Works, et al., a group of 13 neighbors sought to enforce the Town Code against Rockland Cider Works, which responded by filing meritless defamation and trespass claims against the neighbors to try and silence them. The neighbors remained undeterred and were vindicated on September 29, 2025, when the Rockland County Supreme Court agreed with the neighbors and found that the cidery operation constituted a private nuisance and awarded the neighbors monetary damages for the harm they suffered as a result. In addition, the Court dismissed the cidery’s counterclaims were a SLAPP suit – strategic lawsuits against public participation – by finding the neighbors’ statements and actions were made “in connection with an issue of public interest.” The Court thereby protected the neighbors’ Constitutional rights and awarded them attorneys’ fees incurred as a result. A hearing on the amount of damages has been scheduled, though the cidery has filed a Notice of Appeal challenging the Supreme Court decision.
Decision and Order: https://fnmlawfirm.com/wp-content/uploads/McWhinney-decision.pdf