Greenspan & Greenspan, P.C., local counsel for the plaintiffs, is pleased to announce that the New York State Supreme Court, Appellate Division, Second Department issued a decision on December 31, 2025, vindicating the rights of homeowners in a proposed class action involving alleged recurring odors linked to an industrial facility in Orangeburg.
In Dudley v. API Industries, Inc. (Rockland County Index No. 30905/18), the Appellate Division held that the plaintiffs may continue pursuing a private nuisance claim based on allegations that noxious odors repeatedly invaded nearby residences and interfered with residents’ ability to use and enjoy their property. The court rejected the argument that a private nuisance claim cannot be brought when a large number of households are affected, explaining that the legal focus is the character of the rights involved—in this case individual property rights—rather than the number of people impacted.
The Appellate Division also affirmed the trial court’s order granting class certification, allowing the case to proceed as a class action for a defined group of people who owned or occupied certain residential properties within the geographic area described in the pleadings during the relevant time period.
The case is being led by Liddle Sheets P.C., with Laura Sheets serving as lead counsel. Greenspan & Greenspan, P.C. serves as local counsel in New York.
About the Case:
The lawsuit arises from allegations that API Industries’ Orangeburg facility, which manufactures industrial liners and plastic products, released persistent odors as part of its manufacturing operations. According to the complaint, those odors traveled beyond the facility’s property line and entered surrounding residential neighborhoods on a recurring basis.
Residents allege that the odors interfered with ordinary daily activities inside their homes, including opening windows, spending time outdoors on their property, and otherwise comfortably using and enjoying their residences. The plaintiffs further allege that the ongoing nature of the odor intrusions reduced the value of affected properties.
Greenspan & Greenspan’s Commitment to the Orangeburg Community:
As local counsel, Greenspan & Greenspan, P.C. has worked closely with lead counsel to represent residents of Orangeburg and the surrounding area who say their quality of life has been affected by industrial activity in their community. The firm’s role includes ensuring that the case is properly litigated under New York law and that local residents’ concerns are fully and accurately presented to the courts.
Greenspan & Greenspan has a long-standing commitment to advocating for individuals and families in Rockland County and throughout the region. The firm views this case as part of a broader responsibility to help community members seek accountability when they believe their property rights and day-to-day living conditions have been impacted.
About Greenspan & Greenspan, P.C.:
Founded in 1959, Greenspan & Greenspan, P.C. is a New York personal injury law firm with longstanding ties to White Plains and Rockland County, representing individuals and families in civil matters, including accident-related cases. The firm is committed to client-focused advocacy and community engagement throughout the region. Attorney Michael Greenspan is a recognized leader in Westchester and Rockland County and has been honored by The County of Rockland and the American Association of Justice for his pro bono service to 9/11 victims and their families.
Contact Information:
Greenspan & Greenspan, P.C.
333 Westchester Ave, Suite S-3301
White Plains, NY 10604
Phone: 914-946-2500
