TOWN OF HUNTINGTON v. HALLEN CONSTR. CO., INC., ISLAND PARK, N. Y.


40 A.D.2d 1029 (1972)

Town of Huntington et al., Respondents, v. Hallen Construction Co., Inc., Island Park, N. Y. et al., Appellants

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

December 26, 1972


Order reversed, without costs; plaintiffs' motion denied; and defendants' cross motion dismissed as moot.

In our opinion, considering all the equities, it was an improvident exercise of discretion to grant the preliminary injunction. We reach no other issue. It is our further opinion that the interests of justice and the interests of both parties will best be served by an immediate trial of the action. Since it appears from the briefs of the parties that plaintiffs...

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