NIAGARA FALLS SIGHTSEEING BY SHERIDAN, INC. v. PENN ADVER., INC.


163 A.D.2d 861 (1990)

Niagara Falls Sightseeing by Sheridan, Inc., Respondent, v. Penn Advertising, Inc., et al., Appellants

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

July 13, 1990


Order unanimously reversed on the law with costs, motion denied, cross motion granted and complaint dismissed.

Memorandum:

In this action plaintiff contends that defendants created a public nuisance by erecting a highway directional sign in violation of Federal and State law (see, 23 USC § 131; 23 CFR 750.154; Highway Law § 88 [2], [8]; 17 NYCRR 150.14 [b] [6] [ii] [a]) and that they failed to comply with the State Environmental Quality Review...

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