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STATE OF NEW YORK v. PREMIER COLOR OF N. Y., INC.

285 A.D.2d 544 (2001)

728 N.Y.S.2d 86

STATE OF NEW YORK et al., Respondents, v. PREMIER COLOR OF N. Y., INC., Doing Business as TEXTILE PROCESSING AND PRIMARY COLORS OF NEW YORK, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 16, 2001.

Ordered that the order is modified by deleting the provision thereof granting the plaintiffs' motion to preliminarily enjoin the defendants from operating their textile plant and substituting therefor a provision granting the motion to the extent of preliminarily enjoining the defendants from operating the textile plant except between the hours of 1:00 A.M. and 6:00 A.M. until such time as the public nuisance created by noxious odors emanating from the plant is abated; as...

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