NUZZO v. LAPAN


7 A.D.2d 535 (1959)

Pasquale Nuzzo et al., Respondents, v. Joe Lapan et al., Appellants

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

April 23, 1959.


Attorney(s) appearing for the Case

Norman Kellar (F. Walter Bliss of counsel), for appellants.

David Corwin for respondents.

Wiswall, Wood, Olson & Gordon (Carl O. Olson of counsel), for New York State Farm Bureau, Inc., amicus curiæ.

Kooperman & Kooperman for Jewish Agricultural Society, Inc., and others, amici curiæ.

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.


BERGAN, J. P.

Defendants have been restrained by the provisions of a judgment of permanent injunction from maintaining their chicken farm facilities along the boundary of plaintiffs' property on the ground the odors from the chickens interfered with plaintiffs' restaurant and hotel business.

We are of opinion the judgment is not well founded. The properties are situated in a rural section of southern Ulster...

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