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GARDINER v. STANLEY ORCHARDS

105 Misc.2d 460 (1980)

Town of Gardiner, Plaintiff, v. Stanley Orchards, Inc., et al., Defendants.

Supreme Court, Special Term, Ulster County.

September 30, 1980.

Attorney(s) appearing for the Case

Norman Kellar for plaintiff. Rider, Drake, Weiner & Loeb, P.C., for defendants.

LEONARD A. WEISS, J.

Plaintiff, Town of Gardiner, seeks a preliminary injunction under CPLR 6301 to restrain defendants from (1) further preparation of a site located on their real estate in the Town of Gardiner for construction of a mobile home and (2) the placing of a mobile home on this site.

Defendants, Stanley Orchards, Inc. and Stanley Cohn, cross-move for an order dismissing plaintiff's complaint on the grounds that the Town of Gardiner...

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