CAROLLO v. TOWN OF SMITHTOWN


20 Misc.2d 435 (1959)

Anthony Carollo, Plaintiff, v. Town of Smithtown et al., Defendants.

Supreme Court, Special Term, Suffolk County.

August 28, 1959.


Attorney(s) appearing for the Case

Jeffrey H. Jennings for plaintiff.

John V. N. Klein for defendants.


FRED J. MUNDER, J.

On this motion the plaintiff seeks an injunction against the enforcement of an ordinance restricting the occupation of peddling during certain hours on certain highways in the Town of Smithtown.

By asking a perpetual injunction on this motion plaintiff has mistaken his remedy. To grant this would give the plaintiff all the relief he seeks in his main action. The motion will be considered as one asking for a temporary injunction...

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