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ANTINELLI v. TONER

78 A.D.2d 576 (1980)

Albert A. Antinelli et al., Respondents-Appellants, v. William J. Toner, Appellant-Respondent

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

September 12, 1980

Judgment unanimously affirmed, with costs to plaintiffs.

Memorandum:

Following the remand of this case to Supreme Court, Ontario County (Antinelli v Toner, 74 A.D.2d 996), the Trial Judge made the following supplemental findings of fact: "That the starting of the payloader and backhoe engines as occurs in regular use causes noise sufficient to constitute a nuisance; that the revving of payloader and backhoe engines...

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