City of Yonkers v. Federal Sugar Refining Co.

Majority

p. 724

City of Yonkers, Appellant, v. The Federal Sugar Refining Company, Respondent.

Headnote

City of Yonkers v. Federal Sugar Refining Co., 136 App. Div. 701 , affirmed.

(Argued January 28, 1913;

decided February 11, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1910, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial in an action to enjoin defendant from permitting black smoke, soot and dust to escape from chimneys of its plant in the city of Yonkers.

Thomas F. Curran for appellant.

Charles Philip Easton for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, on opinion of Burr, J., below.

Concur: Cullen, Ch. J., Gray, Werner, Chase, Collin, Cuddeback and Miller, JJ.