BOOMER v. ATL. CEMENT CO.


26 N.Y.2d 219 (1970)

Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. (And Five Other Actions.) Charles J. Meilak et al., Appellants, v. Atlantic Cement Company, Inc., Respondent.

Court of Appeals of the State of New York.

Decided March 4, 1970.


Attorney(s) appearing for the Case

E. David Duncan for appellants in first above-entitled actions.

Daniel H. Prior, Jr. and John J. Biscone for appellants in second above-entitled action.

Thomas F. Tracy and Frank J. Warner, Jr. for respondent.

Chief Judge FULD and Judges BURKE and SCILEPPI concur with Judge BERGAN; Judge JASEN dissents in part and votes to reverse in a separate opinion; Judges BREITEL and GIBSON taking no part.


BERGAN, J.

Defendant operates a large cement plant near Albany. These are actions for injunction and damages by neighboring land owners alleging injury to property from dirt, smoke and vibration emanating from the plant. A nuisance has been found after trial, temporary damages have been allowed; but an injunction has been denied.

The public concern with air pollution arising from many sources in industry...

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