HART v. EAST PLAZA


62 A.D.2d 113 (1978)

Clifford Hart et al., Constituting The Town Board of the Town of Salina, et al., Appellants, v. East Plaza, Inc., Respondent

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

April 7, 1978


Attorney(s) appearing for the Case

Coulter, Fraser, Ames, Bolton, Bird & Ventre (Robert Ventre of counsel), for appellants.

Hancock, Estabrook, Ryan, Shove & Hust (John Cherundolo of counsel), for respondent.

MARSH, P. J., MOULE, SIMONS and DILLON, JJ., concur.


CARDAMONE, J.

The supervisor, town board and the Town of Salina brought an action seeking to enjoin the defendant, East Plaza, Inc., an owner of property in that town from interfering with its dumping on defendant's landfill area until the town had a reasonable opportunity to establish an alternative method of disposal of solid waste. This appeal questions the propriety of an order at Special Term which dismissed...

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