Opinion
December 21, 1990
Appeal from the Supreme Court, Oneida County, Grow, J.
Present — Dillon, P.J., Callahan, Boomer, Green and Lawton, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting plaintiff a preliminary injunction. Plaintiff established that defendant Upstate Hide and Skin Co., Inc. operated an animal hide processing plant in violation of the city ordinance and a special zoning exception, which required that the operation be conducted entirely inside the building. Defendant used a dumpster and flatbed trailer situated outside the building to store animal hides and related waste for as long as 30 days. This created noxious odors and blood seepage constituting a public nuisance.
Acting on behalf of the City of Utica, plaintiff was entitled to a preliminary injunction based on defendant's violation of the ordinance and zoning exception. The city, as a municipality, is not required to demonstrate special damage or compliance with the traditional three-pronged test for injunctive relief (see, Moran v. Village of Philmont, 147 A.D.2d 230, 234; City of New York v. Cincotta, 133 A.D.2d 244, 245; Town of LaGrange v. Giovenetti Enters., 123 A.D.2d 688, 689-690; City of New York v. Bilynn Realty Corp., 118 A.D.2d 511, 512-513). Defendant's remaining contentions lack merit.