Pach v. Geoffroy
New York Supreme Court
Appeal from judgment on report of referee. Action by Gotthelf Pach and others against Nicholas Geoffroy, impleaded with another, for injunction. Judgment for plaintiffs, against said defendant, and he appeals. The plaintiffs and defendant are tenants in the same building. The former are photographers, and the latter engaged in manufacturing jewelry. The action is brought against the defendant who appeals, and his brother, Arthur R. Geoffroy.
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Appeal from judgment on report of referee. Action by Gotthelf Pach and others against Nicholas Geoffroy, impleaded with another, for injunction. Judgment for plaintiffs, against said defendant, and he appeals. The plaintiffs and defendant are tenants in the same building. The former are photographers, and the latter engaged in manufacturing jewelry. The action is brought against the defendant who appeals, and his brother, Arthur R. Geoffroy. The complaint alleges that the operation of the machinery used by defendants in their business produces such a vibration and noise in the building as to…
1Opinion of the CourtO’Brien, J.
The decree enjoins the defendant from using and operating the dynamo and machinery now used and employed by him in the conduct of his business in the place and manner and as now attached and erected by him on the premises No. 935 Broadway. It will thus be noticed that no restraint is placed on the defendant’s business, nor upon the use of the machinery in connection therewith, but that the prohibition extends only to its use in such a manner as to create as against the plaintiffs a private nuisance. If we assume the defendant’s position that his business was a lawful one, carried on in a…
2Cases cited1 opinion
- McKeon v. . SeeNew York Court of Appeals · 1873
3Cited by8 opinions
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Dillon v. Cortland Baking Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Bly v. Edison Electric Illuminating Co. of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Tucker v. Mack Paving Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Darr v. CohenNew York Supreme Court · 1916
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