TOWN OF HEMPSTEAD v. 140 EQUITIES CORP.


22 A.D.3d 746 (2005)

803 N.Y.S.2d 116

TOWN OF HEMPSTEAD, Appellant, v. 140 EQUITIES CORP. et al., Respondents.

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

October 24, 2005.


Ordered that the order is affirmed, with costs.

Town Code of Town of Hempstead § 91-4 (hereinafter the Code) requires that where the Town of Hempstead seeks to enjoin the use of a premises that has become a "public nuisance," a copy of chapter 91 of the Code must be attached to the notice to the property owner of the first arrest that forms a predicate for the Town's injunction application. Because the Town's submission in support of its motion for a preliminary...

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