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TOWN OF OYSTER BAY v. NEW YORK TEL. CO.

75 A.D.2d 598 (1980)

Town of Oyster Bay, Appellant, v. New York Telephone Company, Respondent

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

April 14, 1980

Appeal dismissed as academic, with $50 costs and disbursements.

Since Special Term and this court denied plaintiff's motions for a preliminary injunction, defendant has lawfully erected the poles in controversy. An injunction will not issue to prohibit a fait accompli (see Katz v Hoe & Co., 278 App Div 766, mot for lv to app den 302 N.Y. 949, cert den 342 U.S. 886; 7A Weinstein-Korn-Miller, NY Civ Prac...

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