BOOMER v. ATL. CEMENT


55 Misc.2d 1023 (1967)

Oscar H. Boomer et al., Plaintiffs, v. Atlantic Cement Company, Inc., Defendant. (And Seven Other Actions.)

Supreme Court, Albany County.

August 14, 1967


Attorney(s) appearing for the Case

E. David Duncan for Oscar H. Boomer and others, plaintiffs. John J. Biscone and Daniel H. Prior, Jr., for Charles J. Meilak and another, plaintiffs. Ainsworth, Sullivan, Tracy & Knauf (Thomas F. Tracy of counsel), for defendant.


R. WALDRON HERZBERG, J.

Plaintiffs in this action seek an injunction against defendant cement company (Atlantic) to restrain it from emitting dust and raw materials and conducting excessive blasting in operating its plant in such a manner as to constitute a nuisance upon plaintiffs' lands. In addition damages to the time of trial are sought.

Atlantic commenced the production of Portland Cement at its...

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