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MATTER OF STUMPO v. DEMARTINO

283 A.D.2d 954 (2001)

725 N.Y.S.2d 244

In the Matter of JOSEPH A. STUMPO, Appellant, v. VINCENT M. DEMARTINO, Individually and Doing Business as DEMARTINO CONSTRUCTION, et al., Respondents.

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

Decided May 2, 2001.

Judgment unanimously reversed on the law without costs, motion denied and petition reinstated.

Memorandum:

Supreme Court erred in granting respondents' motion seeking dismissal of the petition on the ground that petitioner failed to allege special damages and thus lacked standing. Petitioner commenced this proceeding seeking to enjoin respondents from operating a commercial enterprise at 2417 Independence Avenue in the City of Niagara Falls. Contrary to the...

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