Sweet v. Campbell

This is an action in equity by residents of the locality to restrain the use by defendants of certain premises owned by them and located at the northwesterly comer of Madison avenue and Eighty-first street in the city of New York for a funeral church and general undertaking establishment on the ground that such location and occupation and use of the property would constitute a nuisance. Upon motion by defendant, under rule 113 of the Rules of Civil Practice, after answer, summary judgment was granted at Special Term for defendant and the complaint was dismissed with the proviso that the…