Maloney v. Katzenstein
Appellate Division of the Supreme Court of the State of New York
.Appeal by the defendant, Simon Katzenstein, from an order of the Supreme Court, made at the New York Special Term, dated the 16th day of September, 1909, and entered in the office of the clerk of the county of New York, granting an injunction pendente lite.
1Opinion of the Court
McLaughlin, J.:
Plaintiff is the owner of a four-story tenement house in the city of New York. The defendant for some years has. been in possession of adjoining premises. The complaint alleges that for some two years past'defendant has been in the habit of bringing upon his premises scrap meats, meat bones, fat and refuse, which he sorted and left uncovered in barrels and otherwise, from which noxious odors were emitted, attracting flies, which carried with them disease and contagion, and by reason of which facts the value of plaintiff’s premises had been greatly damaged. The judgment asked is…
2Cases cited3 opinions
- Bronk v. RileyNew York Supreme Court · 1888
- Chamberlain v. DouglasAppellate Division of the Supreme Court of the State of New York · 1898
- West Side Electric Co. v. Consolidated Telegraph & Electrical Subway Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by15 opinions
- Paulsen v. Personality Posters, Inc.New York Supreme Court · 1968
- Lakes Island Realty Co. v. McDermottNew York Supreme Court · 1916
- Brearton v. Fina, New York County Courts1956
- Giordano v. Dellwood Dairy Co.New York Supreme Court · 1934
- Eldre Components, Inc. v. KlimanNew York Supreme Court · 1965
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