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LONG ISLAND AIRLINE, LLC v. TOWN OF EAST HAMPTON

2022-03130. Index No. 618836/21.

220 A.D.3d 664 (2023)

197 N.Y.S.3d 297

2023 NY Slip Op 04973

Long Island Airline, LLC, Appellant, v. Town of East Hampton, Respondent.

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

Decided October 4, 2023.

Attorney(s) appearing for the Case

Lynn Gartner Dunne & Frigenti, LLP, Mineola, NY ( Robert P. Lynn, Jr. , John W. Dunne , and Christopher A. Renke of counsel), for appellant.

Rigano, LLC, Melville, NY ( Nicholas C. Rigano and James P. Rigano of counsel), for respondent.

Iannacci, J.P., Wooten, Warhit and Wan, JJ., concur.

In an action, inter alia, for declaratory and injunctive relief, the plaintiff appeals from an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated April 19, 2022. The order denied the plaintiff's motion for a Yellowstone injunction (see First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630 [1968]).

Ordered that the order is affirmed, with costs.

In 1997, the plaintiff entered into...

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