OLECHNA v. TOWN OF SMITHTOWN


51 A.D.2d 1036 (1976)

Chester Olechna et al., Respondents, v. Town of Smithtown et al., Defendants, and Rimland & Davidow, Appellant

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

March 22, 1976


Order affirmed insofar as appealed from, with $50 costs and disbursements.

Plaintiffs, having established a threat of total elimination of their deeded right of way by virtue of a building permit issued on March 4, 1974 to appellants, as owner and contractor, were entitled to a preliminary injunction against them. Insofar as the injunction extends to the assignees of appellants, objections thereto can properly be raised only by the assignees themselves and, therefore...

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