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COPART INDS. v. CON ED

41 N.Y.2d 564 (1977)

Copart Industries, Inc., Appellant, v. Consolidated Edison Company of New York, Inc., Respondent.

Court of Appeals of the State of New York.

Decided April 7, 1977.

Attorney(s) appearing for the Case

Joseph Calderon and Stanley H. Schneider, New York City, for appellant.

Joseph J. Klem, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge COOKE; Judge FUCHSBERG dissents and votes to reverse in a separate opinion.

COOKE, J.

"There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word `nuisance'. It has meant all things to all men" (Prosser, Torts [4th ed], p 571). From a point someplace within this oft-noted thicket envisioned by Professor Prosser, this appeal emerges.

Plaintiff leased a portion of the former Brooklyn Navy Yard for a period of five years commencing September...

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