MATTER OF BISTRIAN v. LESTER


41 A.D.2d 853 (1973)

In the Matter of Bruce R. Bistrian, Respondent, v. Eugene E. Lester, Jr., et al., Constituting The Town Board of the Town of East Hampton, et al., Appellants

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

April 30, 1973


Order modified by striking therefrom the provision which granted petitioner's motion for a preliminary injunction and by substituting therefor a provision denying said motion. As so modified, order affirmed, without costs.

In our opinion, under the circumstances herein, Special Term acted improvidently in staying a governmental agency from condemning property for a...

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