Legal Question in Real Estate Law in New York

Dunkin donuts dumping

Have a quick question. We live behind a dunkin donuts which has been dumping some kind of water in the back of their drive through. This has caused a flow through of water and mud and a cesspool type smell that has engulfed the entire back yard rendering unusable. Furthermore it has become a breeding ground for misqutious and other insects.

We have gone into dunken donuts repeatedly to speack to the manager but they claim the mnager is never their. This is unlikly. We have explained the problem over and over and they say they will tell the manager but the problem persists. We contacted the dept of health last week ans tey said they will investagate. My question is, if this continues, do we have any legal recourse and if so what could it be.

Thank you in advance


Asked on 9/18/06, 1:57 am

2 Answers from Attorneys

Lawrence Silverman Law Firm of Lawrence Silverman

Re: Dunkin donuts dumping

TRESPASS and NUISANCE and ENVIRONMENTAL law violations issues(both federal law and New York state law) are raised by these circumstances.

You may be able to sue the Dunkin' Donuts in a court proceeding arguing that the dumping constitutes a continuing trespass on your backyard and a nuisance endangering your health and interfering with your use and enjoyment of your backyard, and possibly as violations of state and federal environmental laws. In such court proceeding you will want to ask for the court's injunction preventing Dunkin' Donuts from further dumping which seeps onto your land, forcing them to use alternative means of disposing of the water; and, you may ask for monetary damages for the damage your backyard has already sustained.

You may want to search for an attorney in directories such as LawGuru's "Find an Attorney"

who concentrate in "Civil Litigation" and maybe "Environmental Law" as well).

Yor question is more properly a civil litigation category question, not a real estate/real property question: it relates to the tort actions of trespass and nuisance.

You may want to resubmit this question under the "Civil Litigation" (and possibly also the "Environmental Law" and maybe the "Federal Trots" categories also) so as to elicit a wider and more useful range of attorney responses.

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Answered on 9/20/06, 12:01 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Dunkin donuts dumping

Suggest that you file complaints with, the local health & sanitation authorities, Environmental Control, Business Bureau, Corp Headquarters that "sell" or "manage" their franchises; Sheriff's office, etc., and demand that the "hazardous" substances are immediately removed and that the store maintain their business, in a way that does not threaten the health and safety of residents.

Good luck,

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Answered on 9/20/06, 10:31 am


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