Legal Opinion

Antinelli v. Toner

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 1980PublishedCited by 8 opinions

1Opinion of the Court

Case held, decision reserved and matter remitted to Supreme Court, Ontario County, for further proceedings in accordance with the following memorandum: Plaintiffs claim in this action for an injunction or damages that the operation of heavy trucks and construction equipment on neighboring property, used by the defendant in his paving and snow removal business, creates, inter alia, unreasonably loud noises which impair the use of their residential property, and depreciate its *997value. After a nonjury trial the court found that a nuisance did in fact exist and enjoined defendant "from starting…

2Cases cited5 opinions

  1. Boomer v. Atlantic Cement Co.New York Court of Appeals · 1970
  2. Uss v. Town of Oyster BayNew York Court of Appeals · 1975
  3. Haber v. Paramount Ice CorporationNew York Court of Appeals · 1934
  4. Russell v. Nostrand Athletic Club, Inc.New York Court of Appeals · 1925
  5. People v. NeupertAppellate Division of the Supreme Court of the State of New York · 1919

3Cited by8 opinions

  1. Guilder v. Corinth Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Accardi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
  3. Hickland v. HicklandAppellate Division of the Supreme Court of the State of New York · 1984
  4. Zutt v. StateAppellate Division of the Supreme Court of the State of New York · 2012
  5. Zutt v. StateAppellate Division of the Supreme Court of the State of New York · 2011

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