From Casetext: Smarter Legal Research

Vanno v. River Market Commodities, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 979 (N.Y. App. Div. 1990)

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.


Summaries of

Vanno v. River Market Commodities, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 979 (N.Y. App. Div. 1990)
Case details for

Vanno v. River Market Commodities, Inc.

Case Details

Full title:SALVATORE A. VANNO, as Commissioner of the Department of Codes Enforcement…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 21, 1990

Citations

168 A.D.2d 979 (N.Y. App. Div. 1990)
564 N.Y.S.2d 924

Citing Cases

Town of Tully v. Valley Realty Dev. Co.

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme…

Inc. Vill. of Lindenhurst v. One World Recycling, LLC

"No special injury or damage to the public need be alleged, and the commission of the prohibited act is…