Town of Oyster Bay v. New York Telephone Co.

Appellate Division of the Supreme Court of New York

Town of Oyster Bay v. New York Telephone Co.

75 A.D.2d 598, 426 N.Y.S.2d 807, 1980 N.Y. App. Div. LEXIS 11038

Appellate Division of the Supreme Court of the State of New York·Decided April 14, 1980·Published·Cited by 9 cases

Opinion

an action to permanently enjoin defendant from (1) erecting utility poles and (2) removing any town-owned trees, without the approval of its superintendent of highways, the Town of Oyster Bay appeals from an order of the Supreme Court, Nassau County, dated January 12, 1979, which denied its motion for a preliminary injunction. Appeal dismissed as academic, with $50 costs and disbursements. Since Special Term and this court denied plaintiff’s motions for a preliminary injunction, defendant has lawfully erected the poles in controversy. An injunction will not issue to prohibit a fait accompli (see Katz v Hoe & Co., 278 App Div 766, mot for lv to app den 302 NY 949, cert den 342 US 886; 7A Weinstein-KornMiller, NY Civ Prac, par 6301.15). Lazer, J. P., Mangano, Gibbons and Margett, JJ., concur.

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an action to permanently enjoin defendant from (1) erecting utility poles and (2) removing any town-owned trees, without the approval of its superintendent of highways, the Town of Oyster Bay appeals from an order of the Supreme Court, Nassau County, dated January 12, 1979, which denied its motion for a preliminary injunction. Appeal dismissed as academic, with $50 costs and disbursements. Since Special Term and this court denied plaintiff’s motions for a preliminary injunction, defendant has lawfully erected the poles in controversy. An injunction will not issue to prohibit a fait accompli (see Katz v Hoe & Co., 278 App Div 766, mot for lv to app den 302 NY 949, cert den 342 US 886; 7A Weinstein-KornMiller, NY Civ Prac, par 6301.15). Lazer, J. P., Mangano, Gibbons and Margett, JJ., concur.

Town of Oyster Bay v. New York Telephone Co., 75 A.D.2d 598, 426 N.Y.S.2d 807, 1980 N.Y. App. Div. LEXIS 11038 (N.Y. Ct. App. 1980).

Pincite

75 A.D.2d 598 (Town of Oyster Bay v. New York Telephone Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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