Legal Opinion
Waters v. McNearney
Appellate Division of the Supreme Court of the State of New York
Decided April 23, 1959PublishedCited by 4 opinions
1Opinion of the CourtReynolds, J.
Appeal from a judgment of the Supreme Court, Schenectady County awarding damages of $925 to the plaintiffs in a nuisance action.
The plaintiffs are the owners of real property located on Kings Road in Schenectady upon which they make their residence. The appellant the Schenectady Baseball Club, Inc., owns a 55-acre plot of land behind the plaintiffs’ property which at the time the plaintiffs purchased their property in 1953 was a wooded area. In the Fall of 1954 the appellant began the construction of a golf course on its property by starting to remove the trees and grass. Some changes were…
2Cases cited5 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- Booth v. Rome, Watertown & Ogdensburg Terminal RailroadNew York Court of Appeals · 1893
- Dixon v. New York Trap Rock Corp.New York Court of Appeals · 1944
3Cited by4 opinions
- K. Douglas Scribner and Laurie B. Scribner v. John M. Summers, Stephen A. Summers, and Jasco-Sun Steel Treating, Inc.Court of Appeals for the Second Circuit · 1996
- Jenkins v. EtlingerAppellate Division of the Supreme Court of the State of New York · 1980
- Brown v. Blennerhasset Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Brown v. Blennerhasset Corp.Appellate Division of the Supreme Court of the State of New York · 2014