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LITTLE JOSEPH REALTY v. BABYLON

51 A.D.2d 158 (1976)

Little Joseph Realty, Inc., Appellant, v. Town of Babylon et al., Respondents. (Action No. 1) Little Joseph Realty, Inc., Appellant, v. Town of Babylon et al., Respondents. (Action No. 2)

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

February 2, 1976

Attorney(s) appearing for the Case

Bennett E. Aron for appellant.

Joseph F. Klein (Patrick J. Barton of counsel), for Town of Babylon and others, respondents.

Speno, Goldberg, Moore, Margules & Corcoran (Max Margules of counsel), for J. D. Posillico, Inc. and another, respondents.

MARGETT, J.

In action No. 1 the plaintiff seeks to permanently enjoin (1) the defendants J. D. Posillico, Inc. (Posillico) and Posillico Bros. Asphalt Co., Inc. (Posillico Asphalt) from constructing and operating an asphalt plant in violation of the Building Zone Ordinance of the Town of Babylon (the Town) and (2) the Town from permitting such construction and operation. In Action No. 2 the plaintiff seeks, ...

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