KEARNEY v. ATL. CEMENT CO., INC.


33 A.D.2d 848 (1969)

John N. Kearney et al., Respondents, v. Atlantic Cement Company, Inc., Appellant. (And One Other Action.)

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

December 11, 1969


COOKE, J.

The first action was commenced by plaintiffs Kearney, owners of an automobile and trailer business, on or about October 25, 1968; the second by Marshall's Garage, Inc., a garage owner, on or about September 20, 1968. Plaintiffs respectively seek a permanent injunction restraining defendant from continuing its alleged nuisance and also damages for injuries to their property sustained for upwards of six years and allege that defendant operates...

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