Incorporated Village of Sag Harbor v. Rocco's

Appellate Division of the Supreme Court of New York

Incorporated Village of Sag Harbor v. Rocco's

1 A.D.2d 397, 767 N.Y.S.2d 781, 1 A.D.3d 397, 2003 N.Y. App. Div. LEXIS 11798

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 2003·Published·Cited by 5 cases

Opinion

In an action, inter alia, to permanently enjoin the defendants from operating certain premises in any manner other than a restaurant, the appeal is from an order of the Supreme Court, Suffolk County (Emerson, J.), dated December 2, 2002, which, after a hearing, granted the plaintiffs motion for a preliminary injunction.

Ordered that the order is affirmed, with costs.

The Supreme Court properly weighed the relevant factors in [398] granting the motion of the plaintiff, Incorporated Village of Sag Harbor, for a preliminary injunction enjoining the use of the appellants’ premises in any manner other than a restaurant in violation of the Village’s zoning code (see Village Code of Village of Sag Harbor § 55-2.2; Village Law § 7-714; Village of Chestnut Ridge v Roffino, 306 AD2d 522 [2003]; cf. Town of Smithtown v Carlson, 204 AD2d 537 [1994]; see also Matter of Rudolf Steiner Fellowship Found. v De Luccia, 90 NY2d 453, 458 [1997]; Incorporated Vil. of Old Westbury v Alljay Farms, 100 AD2d 574 [1984], mod on other grounds 64 NY2d 798 [1985]). Smith, J.P., Krausman, McGinity and Rivera, JJ, concur.

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In an action, inter alia, to permanently enjoin the defendants from operating certain premises in any manner other than a restaurant, the appeal is from an order of the Supreme Court, Suffolk County (Emerson, J.), dated December 2, 2002, which, after a hearing, granted the plaintiffs motion for a preliminary injunction.

Ordered that the order is affirmed, with costs.

The Supreme Court properly weighed the relevant factors in [398] granting the motion of the plaintiff, Incorporated Village of Sag Harbor, for a preliminary injunction enjoining the use of the appellants’ premises in any manner other than a restaurant in violation of the Village’s zoning code (see Village Code of Village of Sag Harbor § 55-2.2; Village Law § 7-714; Village of Chestnut Ridge v Roffino, 306 AD2d 522 [2003]; cf. Town of Smithtown v Carlson, 204 AD2d 537 [1994]; see also Matter of Rudolf Steiner Fellowship Found. v De Luccia, 90 NY2d 453, 458 [1997]; Incorporated Vil. of Old Westbury v Alljay Farms, 100 AD2d 574 [1984], mod on other grounds 64 NY2d 798 [1985]). Smith, J.P., Krausman, McGinity and Rivera, JJ, concur.

Incorporated Village of Sag Harbor v. Rocco's, 1 A.D.2d 397, 767 N.Y.S.2d 781, 1 A.D.3d 397, 2003 N.Y. App. Div. LEXIS 11798 (N.Y. Ct. App. 2003).

Pincite

1 A.D.2d 397 (Incorporated Village of Sag Harbor v. Rocco's) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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