Grant v. Town of Kirkland
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGoldman, J.
The present action was brought to enjoin a nuisance allegedly created by the defendant Town of Kirkland in the operation of the town dump located across the road from the plaintiffs’ farm. In addition to the injunctive relief, the complaint asks $15,000 for damages suffered from 1950 to the commencement of the action. As a partial defense defendant pleads that plaintiffs have failed to comply with section 50-e of the General Municipal Law. Plaintiffs moved to strike this defense as insufficient as a matter of law. Special Term denied the motion on the ground that section 50-e ‘ ‘ may well…
2Cases cited8 opinions
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
- Realty Associates, Inc. v. StoothoffAppellate Division of the Supreme Court of the State of New York · 1940
- Feuer v. BrenningAppellate Division of the Supreme Court of the State of New York · 1952
- Missall v. PalmaNew York Court of Appeals · 1944
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3Cited by15 opinions
- Maurice Rapf and Carl Hansen v. Suffolk County of New YorkCourt of Appeals for the Second Circuit · 1985
- Picciano v. Nassau County Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 2001
- Smith v. ScottAppellate Division of the Supreme Court of the State of New York · 2002
- Drake v. City of RochesterNew York Supreme Court · 1978
- Cooper v. MorinAppellate Division of the Supreme Court of the State of New York · 1975
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