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TOWN OF WOODBURY v. PERRONE

17 A.D.2d 662 (1962)

Town of Woodbury, Appellant, v. John Perrone et al., Respondents

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

July 9, 1962

Judgment reversed on the facts, and a new trial granted, with costs to abide the event.

The town found that a public nuisance existed on defendants' property by reason of a large accumulation of untreated sewage from a cesspool. Defendants did not dispute the existence of the nuisance on their property; nevertheless they failed to abate it after due notice and request by the town so to do. Acting under its power to "suppress...

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