1. Home
  2. Browse Decisions
  3. Misc.2d
  4. 80 Misc.2d
  5. 80 Misc.2d 816 (1974)
 

BIGGANE v. CITY OF LACKAWANNA

80 Misc.2d 816 (1974)

James L. Biggane, as Commissioner of Environmental Conservation of the State of New York, Plaintiff, v. City of Lackawanna, Defendant.

Supreme Court, Erie County.

November 13, 1974

Attorney(s) appearing for the Case

Nicholas Haragos, City Attorney (Norman F. Walawender of counsel), for defendant. Louis J. Lefkowitz, Attorney-General (Howard A. Fromer of counsel), for plaintiff.

NORMAN A. STILLER, J.

Defendant moves pursuant to CPLR 3211 for an order dismissing the complaint for failure to state a cause of action.

The complaint alleges that since on or about September 1, 1973 the defendant's sewerage system has been discharging sanitary sewage and other wastes into the waters of Smokes Creek which have not been given "`effective secondary treatment'" as provided for in ECL 17-0509. It seeks an injunction plus the penalties...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases