PEOPLE EX REL. ARCARA v. CLOUD BOOKS, INC.


96 A.D.2d 751 (1983)

The People of the State of New York ex rel. Richard J. Arcara, as District Attorney of Erie County, Appellant, v. Cloud Books, Inc., Doing Business as Village Books and News Store, et al., Respondents

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

July 11, 1983


Order affirmed, without costs.

Moule, J., dissenting.

The question presented on this appeal is whether a preliminary injunction may issue in an action brought to enjoin a nuisance under common law or title II of article 23 of the Public Health Law. The Erie County District Attorney's office conducted an undercover investigation into activities occurring on defendants'1 premises, The Village Book & News Store, located...

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