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  5. 41 N.Y.2d 738 (1977)
 

LITTLE JOSEPH v. BABYLON

41 N.Y.2d 738 (1977)

Little Joseph Realty, Inc., Respondent, v. Town of Babylon et al., Appellants. (And Another Action.)

Court of Appeals of the State of New York.

Decided May 12, 1977.

Attorney(s) appearing for the Case

Patrick J. Barton and Joseph F. Klein, Lindenhurst, for Town of Babylon, appellant.

Max Margules, Mineola, for J. D. Posillico, Inc., and another, appellants.

Bennett E. Aron, West Hempstead, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

This action was brought against the Town of Babylon and the defendants Posillico (J. D. Posillico, Inc., and its wholly owned subsidiary, Posillico Bros. Asphalt Co., Inc.) to enjoin the construction and operation of an asphalt plant in violation of the town's zoning law. The plaintiff, Little Joseph Realty, Inc., is an adjoining property owner.

These salient facts are undisputed: Little...

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