Appellate Division of the Supreme Court of New York, 1914

Urbano v. Hallenbeck

Appellate Division of the Supreme Court of New York · Decided April 24, 1914

147 N.Y.S. 244 (New York Supplement)

Counsel

Merle I. St. John, of New York City, for appellant., Francis J. Byrne, of New York City, for respondents..

Opinion of the Court

PER CURIAM.

The facts disclosed in the complaint and affidavit, which are .entirely undenied by the defendant, show a continual trespass in front of the plaintiff’s premises, and are sufficient to constitute a nuisance.. Plaintiff was entitled to an injunction restraining such continual trespass and nuisance, and the order is therefore reversed, with $1Q costs and disbursements, and the motion granted, with $10 costs.

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