Town of Poughkeepsie v. River Terminal Services, LLC

Appellate Division of the Supreme Court of New York

Town of Poughkeepsie v. River Terminal Services, LLC

68 A.D.3d 854, 889 N.Y.2d 495

Appellate Division of the Supreme Court of the State of New York·Decided December 8, 2009·Published

Opinion

[855]*855Contrary to the defendant’s contention, the Supreme Court providently exercised its discretion in granting the plaintiff s motion for a preliminary injunction compelling the defendant to stop using the subject portion of the property at issue as a truck terminal area (see Town Law § 268; Town of Riverhead v Gezari, 63 AD3d 1042, 1042-1043 [2009]; Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. of Harrison, 307 AD2d 291, 292 [2003], affd 1 NY3d 561 [2003]).

The parties’ remaining contentions are without merit. Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.

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[855]*855Contrary to the defendant’s contention, the Supreme Court providently exercised its discretion in granting the plaintiff s motion for a preliminary injunction compelling the defendant to stop using the subject portion of the property at issue as a truck terminal area (see Town Law § 268; Town of Riverhead v Gezari, 63 AD3d 1042, 1042-1043 [2009]; Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. of Harrison, 307 AD2d 291, 292 [2003], affd 1 NY3d 561 [2003]).

The parties’ remaining contentions are without merit. Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.

Town of Poughkeepsie v. River Terminal Services, LLC, 68 A.D.3d 854, 889 N.Y.2d 495 (N.Y. Ct. App. 2009).

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68 A.D.3d 854 (Town of Poughkeepsie v. River Terminal Services, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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