Riverdale Realty Co. v. City of New York — 225 N.Y. 683

Majority

p. 683

Riverdale Realty Company, Appellant, v. The City of New York et al., Respondents.

Headnote

Riverdale Realty Co. v. City of New York, 173 App. Div. 967 , affirmed.

(Argued January 13, 1919;

decided January 28, 1919.)

Appeal from a judgment of the Appellate Division of' the Supreme Court in the first judicial department, entered June 14, 1916, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. Plaintiff, the owner of property at the corner of West Seventy-ninth street and Riverside Drive in the city of New York, brought this action to restrain the defendants from erecting and maintaining a garbage and refuse dump near the foot of West Seventy-seventh street bordering the Hudson river. Plaintiff contended that the dump when constructed and in operation would bé a nuisance in fact, and that it was being constructed in violation of certain statutes and for that reason was a nuisance in law.

James R. Beering for appellant.

William P. Burr, Corporation Counsel (Terence Farley, George P. Nicholson and John F. O’Brien of counsel), for city of New York et al., respondents.

p. 684

Allan Lee Smidt for Riverside Contracting Company, respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.