Legal Opinion
Boomer v. Atlantic Cement Co.
New York Supreme Court
Decided August 14, 1967PublishedCited by 5 opinions
1Opinion of the CourtR. Waldron Herzberg, J.
Plaintiffs in this action seek an injunction against defendant cement company (Atlantic) to restrain it from emitting dust and raw materials and conducting excessive blasting in operating its plant in such a manner as to constitute a nuisance upon plaintiffs’ lands. In addition damages to the time of trial are sought.
Atlantic commenced the production of Portland Cement at its plant in the Town of Coeymans in the County of Albany on or about September 1, 1962. Prior to that date defendant expended more than $40,000,000 in the erection of one of the largest and most modern cement plants in the…
2Cases cited16 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
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3Cited by5 opinions
- Atlantic Cement Co. v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Meilak v. Atlantic Cement Co.Appellate Division of the Supreme Court of the State of New York · 1968
- Kinley v. Atlantic Cement Co.Appellate Division of the Supreme Court of the State of New York · 1973
- Copart Industries, Inc. v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1977
- Puritan Holding Co. v. HolloschitzNew York Supreme Court · 1975