Sponenburg v. City of Gloversville
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George H. Sponenburg, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Montgomery on the 4th day of March, 1904, suspending the operation of an injunction theretofore granted in the action from the 29th day of January, 1904, to the 29th day of January, 1905.
1Opinion of the Court
Smith, J.:
The judgment of the court has restrained the defendant from polluting the waters of Cayadutta creek by discharging its sewage into said creek. The plaintiff is a lower riparian owner who complained of the acts of the defendant as constituting a nuisance. In the judgment it was provided that the injunction was suspended until January 29, 1903, and “ that the defendant should have leave to apply to this court at a Special Term to have the operation of such judgment further suspended for such reasonable time beyond such January 29th,. 1903, as may be necessary, for the obtaining of…
2Cited by3 opinions
- Silverstein v. Pacific Mut. Life Ins.District Court, N.D. New York · 1936
- Sammons v. City of GloversvilleAppellate Division of the Supreme Court of the State of New York · 1904
- Sponenburg v. City of GloversvilleNew York Supreme Court · 1905