Town of Poughkeepsie v River Term. Servs., LLC

Town of Poughkeepsie v River Term. Servs., LLC 2009 NY Slip Op 09213 [68 AD3d 854] December 8, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Town of Poughkeepsie, Respondent,
v
River Terminal Services, LLC, Appellant.

—[*1] Vergilis, Stenger, Roberts & Davis, LLP, Wappingers Falls, N.Y. (Kenneth M. Stenger and Lisa Cobb of counsel), for appellant.

Van DeWater and Van DeWater, LLP, Poughkeepsie, N.Y. (Kyle W. Barnett of counsel), for respondent.

In an action, inter alia, for injunctive relief to enforce zoning restrictions, the defendant appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated February 25, 2009, which denied its motion to dismiss the complaint and granted the plaintiff's motion for a preliminary injunction.

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 AD3d 1042, 1042-1043 [2009]; Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. of Harrison, 307 AD2d 291, 292 [2003], affd 1 NY3d 561 [2003]).

The parties' remaining contentions are without merit. Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.