Opinion
No. 2009-02713.
December 8, 2009.
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.
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.
Before: Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.
Ordered that the order is affirmed, with costs.
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in granting the plaintiffs 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; Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. of Harrison, 307 AD2d 291, 292, affd 1 NY3d 561).
The parties' remaining contentions are without merit.