Gardiner's Bay Co. v. Atlantic Fertilizer & Oil Co.

Majority

p. 579

Gardiner’s Bay Company, Appellant, v. Atlantic Fertilizer and Oil Company, Respondent.

Headnote

Gardiner's Bay Co. v. Atlantic Fertilizer & Oil Co., 139 App. Div. 913 , modified.

(Argued October 17, 1911;

decided October 31, 1911.)

. Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 27, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to restrain the defendant from so operating a fish factory as to constitute an alleged nuisance.

Percy L. Housel for appellant.

Nathan D. Stern for respondent.

Judgment modified by striking therefrom award of extra allowance, and as modified affirmed, without costs to either party; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.