WALL ST. TRANSCRIPT CORP. v. 343 EAST 43RD ST. HOLDING CORP.


81 A.D.2d 783 (1981)

Wall Street Transcript Corporation, Appellant, v. 343 East 43rd Street Holding Corporation et al., Respondents

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

May 14, 1981


Plaintiff-appellant publisher occupies ground floor premises, used for storage of business related documents and papers. Defendants operate a restaurant immediately above. From time to time, defendants have permitted liquids of various kinds, comestible and otherwise, consisting of kitchen waste, to pour into plaintiff's premises, with consequent damage. Defendants argue that this sort of leakage is not an enjoinable nuisance and that it is the responsibility of the landlord...

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