Niagara Falls Sightseeing By Sheridan, Inc. v. Penn Advertising, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law with costs, motion denied, cross motion granted and complaint dismissed. Memorandum: In this action plaintiff contends that defendants created a public nuisance by erecting a highway directional sign in violation of Federal and State law (see, 23 USC § 131; 23 CFR 750.154; Highway Law § 88 [2], [8]; 17 NYCRR 150.14 [b] [6] [ii] [a]) and that they failed to comply with the State Environmental Quality Review Act (SEQRA). Supreme Court granted plaintiff’s motion for a preliminary injunction, directed defendants to remove the sign then in place or to remove…
2Cases cited7 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
- After Six, Inc. v. 201 East 66th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
- Pizzuti v. Metropolitan Transit AuthorityNew York Court of Appeals · 1986
- After Six, Inc. v. 201 East 66th Street AssociatesNew York Court of Appeals · 1982
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3Cited by3 opinions
- Lamar Central Outdoor, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Universal Outdoor, Inc. v. City of New RochelleDistrict Court, S.D. New York · 2003
- Trea v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1999