SLOBODKINA v. VILL. OF GREAT NECK


285 A.D. 908 (1955)

Esphyr Slobodkina, Respondent, v. Village of Great Neck, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 28, 1955.


Judgment reversed on the law, without costs, and a new trial ordered, for the limited purpose of determining whether or not the offensive condition can be corrected without undue hardship to defendant, and if so by what means and in what time, and the amount of plaintiff's permanent damages by reason of the offensive condition of defendant's plant.

Upon the record presented, the trial court was justified in finding that obnoxious odors, constituting a nuisance, emanated...

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