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TOWN OF ISLIP v. MODICA ASSOCIATES OF NY 122, LLC

45 A.D.3d 574 (2007)

846 N.Y.S.2d 201

TOWN OF ISLIP, Appellant, v. MODICA ASSOCIATES OF NY 122, LLC, et al., Respondents.

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

Decided November 7, 2007.

Ordered that the order is affirmed, without costs or disbursements

To obtain preliminary injunctive relief based on a violation of its zoning ordinances, a town need not satisfy the traditional three-part test for injunctive relief, but is required "only [to] show that it has a likelihood of ultimate success on the merits and that the equities are balanced in its favor" (First Franklin Sq. Assoc., LLC v Franklin Sq. Prop. Account, 15 A.D.3d...

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