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McGANN v. OLD WESTBURY

170 Misc.2d 314 (1996)

647 N.Y.S.2d 934

John R. McGann, as Bishop of the Roman Catholic Diocese of Rockville Centre, et al., Plaintiffs, v. Incorporated Village of Old Westbury et al., Defendants.

Supreme Court, Nassau County.

September 16, 1996

Attorney(s) appearing for the Case

Bennett, Pape, Rice & Schure, Rockville Centre, for plaintiffs. Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C., Uniondale, for defendants.

THOMAS P. PHELAN, J.

Plaintiffs' application for injunctive relief is denied. For the reasons hereinafter stated, the court finds that plaintiffs have failed to establish the elements of the tripartite test for preliminary injunctive relief.

Plaintiff Roman Catholic Diocese of Rockville Centre is the current owner of a 100-acre parcel of land located on Jericho Turnpike in the Incorporated Village...

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