Legal Opinion

Niagara Falls Sightseeing By Sheridan, Inc. v. Penn Advertising, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 13, 1990PublishedCited by 3 opinions

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

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
  3. After Six, Inc. v. 201 East 66th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
  4. Pizzuti v. Metropolitan Transit AuthorityNew York Court of Appeals · 1986
  5. After Six, Inc. v. 201 East 66th Street AssociatesNew York Court of Appeals · 1982

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3Cited by3 opinions

  1. Lamar Central Outdoor, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  2. Universal Outdoor, Inc. v. City of New RochelleDistrict Court, S.D. New York · 2003
  3. Trea v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1999

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