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

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

DecidedApril 7, 1976

StatusPublished

This text of 52 A.D.2d 588 (Town of North Hempstead v. Gulf Oil Corp.) 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 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

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.

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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.

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Bluebook (online)

52 A.D.2d 588, 382 N.Y.S.2d 327, 1976 N.Y. App. Div. LEXIS 12185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-north-hempstead-v-gulf-oil-corp-nyappdiv-1976.

Opinion

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