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WATERS v. McNEARNEY

8 A.D.2d 13 (1959)

Harold G. Waters et al., Respondents, v. Peter McNearney, Defendant, and Schenectady Baseball Club, Inc., Appellant

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

April 23, 1959.

Attorney(s) appearing for the Case

Amadeo H. Volpe (H. E. Blodgett and John J. Snapp of counsel), for appellant.

Mullarkey & Horigan (Richard T. Horigan of counsel), for respondents.

FOSTER, P. J., BERGAN and COON, JJ., concur.

REYNOLDS, J.

Appeal from a judgment of the Supreme Court, Schenectady County awarding damages of $925 to the plaintiffs in a nuisance action.

The plaintiffs are the owners of real property located on Kings Road in Schenectady upon which they make their residence. The appellant the Schenectady Baseball Club, Inc., owns a 55-acre plot of land behind the plaintiffs' property which at the time the plaintiffs...

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