Town of North Hempstead v. Gulf Oil Corp.

Appellate Division of the Supreme Court of New York

Town of North Hempstead v. Gulf Oil Corp.

52 A.D.2d 588, 382 N.Y.S.2d 327, 1976 N.Y. App. Div. LEXIS 12185

Appellate Division of the Supreme Court of the State of New York·Decided April 7, 1976·Published

Opinion

In an action by the plaintiff town to enjoin the defendants from altering or using their premises as a retail store for the sale of cigars, cigarettes and other tobacco products, the defendants appeal from an order of the Supreme Court, Nassau County, entered March 5, 1976, which, inter alia, granted the plaintiff’s motion to restrain them from such use pending trial of the action. Order reversed, with $50 costs and disbursements to appellant Garden City Smoke Stax, Ltd.; motion for a preliminary injunction denied; and an immediate trial of the issues is directed. The plaintiff town failed to establish the elements set forth in the case of Albini v Solork Assoc. (37 AD2d 835). Margett, Acting P. J., Damiani, Rabin, Shapiro and Titone, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action by the plaintiff town to enjoin the defendants from altering or using their premises as a retail store for the sale of cigars, cigarettes and other tobacco products, the defendants appeal from an order of the Supreme Court, Nassau County, entered March 5, 1976, which, inter alia, granted the plaintiff’s motion to restrain them from such use pending trial of the action. Order reversed, with $50 costs and disbursements to appellant Garden City Smoke Stax, Ltd.; motion for a preliminary injunction denied; and an immediate trial of the issues is directed. The plaintiff town failed to establish the elements set forth in the case of Albini v Solork Assoc. (37 AD2d 835). Margett, Acting P. J., Damiani, Rabin, Shapiro and Titone, JJ., concur.

Town of North Hempstead v. Gulf Oil Corp., 52 A.D.2d 588, 382 N.Y.S.2d 327, 1976 N.Y. App. Div. LEXIS 12185 (N.Y. Ct. App. 1976).

Pincite

52 A.D.2d 588 (Town of North Hempstead v. Gulf Oil Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related