Oscar H. Boomer v. Atlantic Cement Company, Inc., (And Five Other Actions.) Charles J. Meilak v. Atlantic Cement…

Summary

The New York Court of Appeals reversed the Appellate Division's denial of an injunction and remanded the case with instructions to grant an injunction that will be vacated upon the cement company's payment of permanent damages to the plaintiffs. The majority held that permanent damages may be awarded in lieu of an injunction where a nuisance causes substantial damage, while a dissent argued that this undermines established nuisance law.