Copart Indus. v. Consolidated Edison Co. of N.Y – Case Brief Summary (New York)

In Copart Indus. v. Consolidated Edison Co. of N.Y., 41 NY2d 564, 570, 362 NE2d 968, 394 NYS2d 169 (1977), the operator of an automobile servicing business sought damages from a power company on the ground that the noxious emissions from the power plant caused damage to the exterior of cars on plaintiff's premises and that plaintiff had to close his business because of the emissions.

The Court of Appeals ruled that a party is subject to liability for a private nuisance if his conduct is a legal cause of the invasion of the interest in the private use and enjoyment of land and such invasion is (1) intentional and unreasonable, (2) negligent or reckless, or (3) actionable under the rules governing liability for abnormally dangerous conditions or activities" (id. at 569 ).