Legal Opinion
Benjamin v. Nelstad Materials Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 1995PublishedCited by 5 opinions
1Opinion of the Court
In an action to enjoin a nuisance, the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Zeck, J.), dated September 20, 1990, which, after a nonjury trial, is in favor of the defendants and against them, dismissing the complaint.
Ordered that the judgment is affirmed, without costs or disbursements.
The plaintiffs, residents of the community of Sutton Manor in New Rochelle, commenced the instant action alleging that the cement manufacturing plant operated by the defendants constituted a nuisance. The plaintiffs specifically complained of, inter alia, the offensive…
2Cases cited5 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Campbell v. . SeamanNew York Court of Appeals · 1876
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- State v. Waterloo Stock Car Raceway, Inc.New York Supreme Court · 1978
- Pelletier v. Transit-Mix Concrete Corp.New York Supreme Court · 1958
3Cited by5 opinions
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- Murphy v. BothAppellate Division of the Supreme Court of the State of New York · 2011
- Trulio v. Village of OssiningAppellate Division of the Supreme Court of the State of New York · 2017
- Dudley v. API Indus., Inc.Appellate Division of the Supreme Court of the State of New York · 2025
- McEntee v. Cricket Val. Energy Ctr., LLCAppellate Division of the Supreme Court of the State of New York · 2025