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TOWN OF BROOKHAVEN v. MONSTER REST., INC.

61 A.D.2d 980 (1978)

Town of Brookhaven, Respondent, v. Monster Restaurant, Inc., Appellant

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

March 6, 1978

Order reversed, without costs or disbursements, and motion denied.

Appellant, which operates "The Monster Restaurant" in the community of Cherry Grove on Fire Island, essentially admits that a structural extension of the front of the restaurant exists in violation of applicable zoning provisions of the Town of Brookhaven. The town commenced this action for a permanent injunction and then moved, pursuant to CPLR 6301, for a preliminary injunction, alleging that the...

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