GRANT v. TOWN OF KIRKLAND


10 A.D.2d 474 (1960)

Mark A. Grant et al., Appellants, v. Town of Kirkland, Respondent

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

May 16, 1960.


Attorney(s) appearing for the Case

John B. Cosgrove for appellants.

Edward C. Martin for respondent.

Present — BASTOW, J. P., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.


GOLDMAN, J.

The present action was brought to enjoin a nuisance allegedly created by the defendant Town of Kirkland in the operation of the town dump located across the road from the plaintiffs' farm. In addition to the injunctive relief, the complaint asks $15,000 for damages suffered from 1950 to the commencement of the action. As a partial defense defendant pleads that plaintiffs have failed to comply with...

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