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TOWN OF POUGHKEEPSIE v. RIVER TERMINAL SERVICES, LLC

2009-02713

68 A.D.3d 854 (2009)

2009 NY Slip Op 9213

889 N.Y.S.2d 495

TOWN OF POUGHKEEPSIE, Respondent, v. RIVER TERMINAL SERVICES, LLC, Appellant.

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

Decided December 8, 2009.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in granting the plaintiff's motion for a preliminary injunction compelling the defendant to stop using the subject portion of the property at issue as a truck terminal area (see Town Law § 268; Town of Riverhead v Gezari, 63 A.D.3d 1042, 1042-1043 [2009]; Matter of 550...

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