TOWN OF NORTH HEMPSTEAD v. LEVITT & SONS, INC.


13 A.D.2d 989 (1961)

Town of North Hempstead, Respondent, v. Levitt and Sons, Incorporated, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 12, 1961


Defendants asserted a counterclaim for judgment declaring that they have a lawful right to continue using the premises for business purposes. While in its opinion the Special Term stated that the town is entitled to the injunction sought by it and to the dismissal of the defendants' counterclaim, nevertheless the judgment as entered fails to make any disposition of the counterclaim, unless the grant of the injunction to the town be treated, as it may in view of the decision...

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