Kinley v. Atlantic Cement Co.

These are cross appeals from a judgment of the Supreme Court, entered February 20, 1973 in Albany County, upon a decision of the court at a Trial Term in favor of plaintiffs.

Six years ago this action, together with seven others, was tried in Supreme Court, Albany County, and resulted in a determination that the defendant, a cement manufacturing company, created a nuisance insofar as plaintiffs’ lands were concerned. It was found that the granting of a permanent injunction would cause an intolerable hardship upon the defendant and public as well, and damages were granted to each plaintiff in…