City of Newburgh v. Park Filling Station, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtJohnston, J.
This action was brought pursuant to section 31 of the Public Health Law to .recover expenses incurred in the suppression and removal of a nuisance on defendant’s property, deemed by plaintiff’s Board of Health to have been detrimental to the public health. At the close of the case both parties moved for a directed verdict. The court granted defendant’s motion and dismissed the complaint on the merits, and plaintiff appeals. The facts are not in dispute.
Defendant was the owner of premises in the city of Newburgh, on which it operated a gasoline station and, in connection therewith, maintained…
2Cases cited10 opinions
- North American Cold Storage Co. v. City of ChicagoSupreme Court of the United States · 1908
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Fire Dept. of New York v. . GilmourNew York Court of Appeals · 1896
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3Cited by8 opinions
- Oriental Boulevard Co. v. HellerNew York Court of Appeals · 1970
- Board of Trustees of The Vil. of Groton v. PirroAppellate Division of the Supreme Court of the State of New York · 2017
- Ajamian v. Tp. of No. BergenNew Jersey Superior Court Appellate Division · 1968
- Oriental Boulevard Co. v. HellerNew York Supreme Court · 1969
- Shedrick v. Board of Health of the Consolidated DistrictNew York Supreme Court · 1953
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