CLOVER PARK APTS. v. BATES & ROGERS


76 Misc.2d 1043 (1974)

Clover Park Garden Apartments, Plaintiff, v. Bates & Rogers Construction Company, Defendant.

Supreme Court, Monroe County.

February 22, 1974


Attorney(s) appearing for the Case

Alaimo & Burgess (Joseph W. Alaimo of counsel), for plaintiff. Winchell, Connors & Corcoran (Charles A. Hall of counsel), for defendant.


JAMES H. BOOMER, J.

In this action for money damages the complaint alleges that the defendant's concrete mixing plant emitted a great deal of concrete dust which streamed into the plaintiff's apartment building damaging the building, particularly the air conditioners and rugs; that the emission of the dust constituted a nuisance; and that the dust and noise created by the mixing plant prevented the plaintiff from renting all of its apartments.

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