PHILLIPS v. OPEN AIR COUNTY FAIR, INC.


71 A.D.2d 882 (1979)

William Phillips et al., Respondents, v. Open Air County Fair, Inc., et al., Appellants

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

August 13, 1979


Order reversed, without costs or disbursements, and motion denied, on condition that the defendants apply, within 20 days after the service upon them of a copy of the order to be made hereon, with notice of entry thereof, for a special use permit, inter alia, to operate a flea market-carnival on the subject fairgrounds. In the event defendants fail to comply with the condition, then order affirmed, with $50 costs and disbursements.

It was an abuse of discretion...

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