New York Trap Rock Corporation, Respondent v. Town of Clarkstown, Appellants

Summary

The New York Court of Appeals held that the Town of Clarkstown has the legal capacity to bring an action to restrain a public nuisance that injures the health of its citizens, and that the counterclaim alleged sufficient facts to state a public nuisance claim, thereby reversing the Appellate Division's dismissal of the counterclaim.