[DOWNLOAD] "Mark A. Grant Et Al. v. Town Kirkland" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Mark A. Grant Et Al. v. Town Kirkland
- Author : Supreme Court of New York
- Release Date : January 16, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The present action was brought to enjoin a nuisance allegedly created by the defendant Town of Kirkland in the operation of the town dump located across the road from the plaintiffs' farm. In addition to the injunctive relief, the complaint asks $15,000 for damages suffered from 1950 to the commencement of the action. As a partial defense defendant pleads that plaintiffs have failed to comply with section 50-e of the General Municipal Law. Plaintiffs moved to strike this defense as insufficient as a matter of law. Special Term denied the motion on the ground that section 50-e ""may well afford a defense concerning those damages which accrued prior to the ninety (90) day period for the filing of the claim."" The question on this appeal is limited to the propriety of this ruling.