Legal Opinion
Kennedy v. Hoog, Inc.
New York Supreme Court
Decided November 16, 1965PublishedCited by 2 opinions
1Opinion of the CourtMichael Catalano, J.
Plaintiffs seek to enjoin defendant from releasing “ treated sewage ” upon their farm land, claiming irreparable damage by flooding, and demand money damages. Defendant contends that it constructed its sewage disposal plant according to plans approved by the Erie County Department of Health, Division of Environmental Sanitation, and that plaintiffs have “unclean hands.”
*108The court finds, as admitted by the pleadings: That defendant domestic corporation owns premises on the south side of Jamison Boad in the Town of Elma, County of Erie, New York, upon which defendant constructed a sewage…
2Cases cited16 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Peck v. . GoodberlettNew York Court of Appeals · 1888
- United Paper Board Co. v. Iroquois Pulp & Paper Co.New York Court of Appeals · 1919
- Gray v. Manhattan Railway Co.New York Court of Appeals · 1891
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3Cited by2 opinions
- Hoffman v. ApplemanAppellate Division of the Supreme Court of the State of New York · 1986
- People v. Waite, New York County Courts1979