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KINLEY v. ATL. CEMENT CO.

42 A.D.2d 496 (1973)

Avie Kinley et al., Respondents-Appellants, v. Atlantic Cement Co., Appellant-Respondent

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

November 15, 1973.

Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf (Thomas F. Tracy of counsel), for appellant-respondent.

E. David Duncan for respondents-appellants.

STALEY, JR., SWEENEY and REYNOLDS, JJ., concur; HERLIHY, P. J., concurs in a separate opinion in which STALEY, JR., SWEENEY, KANE and REYNOLDS, JJ., concur.

KANE, J.

These are cross appeals from a judgment of the Supreme Court, entered February 20, 1973 in Albany County, upon a decision of the court at a Trial Term in favor of plaintiffs.

Six years ago this action, together with seven others, was tried in Supreme Court, Albany County, and resulted in a determination that the defendant, a cement manufacturing company, created a nuisance insofar as plaintiffs...

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