Town of Huntington v. Hallen Construction Co.

Appellate Division of the Supreme Court of New York

Town of Huntington v. Hallen Construction Co.

40 A.D.2d 1029, 339 N.Y.S.2d 657, 1972 N.Y. App. Div. LEXIS 3033

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 26, 1972

StatusPublished

This text of 40 A.D.2d 1029 (Town of Huntington v. Hallen Construction Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Town of Huntington v. Hallen Construction Co., 40 A.D.2d 1029, 339 N.Y.S.2d 657, 1972 N.Y. App. Div. LEXIS 3033 (N.Y. Ct. App. 1972).

Pincite

Opinion

In an action to enjoin the alleged violation of several statutes by the excavation and placement of pipelines without proper permission under certain highways owned and maintained by plaintiffs, defendants appeal from an order of the Supreme Court, Nassau County, dated October 10, 1972, which granted plaintiffs’ motion for an injunction pendente lite, upon a stated condition, and denied defendants’ cross motion for a change of venue of the action and the motion. Order reversed, without costs; plaintiffs’ motion denied; and defendants’ cross motion dismissed as moot. In our opinion, considering all the equities, it was an improvident exercise of discretion to grant the preliminary injunction. We reach no other issue. It is our further opinion that the interests of justice and the interests of both parties will best be served by an immediate trial of the action. Since it appears from the briefs of the parties that plaintiffs have consented to a change of venue of the action to Suffolk County, and since we have denied plaintiffs’ motion for a temporary injunction, defendants’ cross motion has been rendered moot. Latham, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In an action to enjoin the alleged violation of several statutes by the excavation and placement of pipelines without proper permission under certain highways owned and maintained by plaintiffs, defendants appeal from an order of the Supreme Court, Nassau County, dated October 10, 1972, which granted plaintiffs’ motion for an injunction pendente lite, upon a stated condition, and denied defendants’ cross motion for a change of venue of the action and the motion. Order reversed, without costs; plaintiffs’ motion denied; and defendants’ cross motion dismissed as moot. In our opinion, considering all the equities, it was an improvident exercise of discretion to grant the preliminary injunction. We reach no other issue. It is our further opinion that the interests of justice and the interests of both parties will best be served by an immediate trial of the action. Since it appears from the briefs of the parties that plaintiffs have consented to a change of venue of the action to Suffolk County, and since we have denied plaintiffs’ motion for a temporary injunction, defendants’ cross motion has been rendered moot. Latham, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 1029, 339 N.Y.S.2d 657, 1972 N.Y. App. Div. LEXIS 3033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-huntington-v-hallen-construction-co-nyappdiv-1972.