COMMANDER OIL v. TOWN OF OYSTER BAY


41 Misc.2d 926 (1964)

Commander Oil Corporation, Plaintiff, v. Town of Oyster Bay et al., Defendants.

Supreme Court, Special Term, Nassau County.

January 9, 1964


Attorney(s) appearing for the Case

Shorenstein & Shorenstein for plaintiff. Jack B. Weinstein, County Attorney (Joseph P. Fallon of counsel), for James Kelly, as Commissioner of Police, and others, defendants. Attilio E. Braune and Frank Giorgio, Jr., for Town of Oyster Bay, defendant.


MARIO PITTONI, J.

Pending the trial of an action, started simultaneously herewith, for a permanent injunction and for declaration of the ordinance herein as unconstitutional, plaintiff moves to restrain the defendants from prosecuting the plaintiff and from interfering with the plaintiff's business in any manner under the Anti-Noise Ordinance of the Town of Oyster Bay.

It appears that Nassau County Patrolman John Schuermann on December 12, 1963...

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