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Graceland Corp. v. Consolidated Laundries Corp.
New York Supreme Court
7 A.D.2d 89, 180 N.Y.S.2d 644, aff'd 6 N.Y.2d 900, 190 N.Y.S.2d 708, 160 N.E.2d 926 (1959)
Facts
Consolidated Laundries Corporation (defendant) is a large laundry operation and has been in the same location for 25 years. For at least 10 years, Consolidated Laundries had substantially blocked the sidewalk to not only load and unload its trucks but often to park them there. Later, Graceland Corporation (plaintiff) purchased adjoining property. Graceland’s property was remodeled to have multiple dwelling units, which Graceland rented to others. Consolidated Laundries’s trucks obstructed pedestrian traffic, especially for those living at Graceland’s property. Graceland sued Consolidated Laundries, alleging a public nuisance. State law allowed temporary obstruction for loading and unloading but did not allow parking that caused complete or near-complete obstruction, as was the case here. The trial court granted an injunction in favor of Graceland. Consolidated Laundries appealed.
Rule of Law
Issue
Holding and Reasoning (Breitel, J.)
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