Appellate Division of the Supreme Court of New York, 2009

Town of Poughkeepsie v. River Terminal Services, LLC

Town of Poughkeepsie v. River Terminal Services, LLC
Appellate Division of the Supreme Court of New York · Decided December 8, 2009
68 A.D.3d 854; 889 N.Y.2d 495
Town of Poughkeepsie v. River Terminal Services, LLC

Opinion of the Court

*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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