Legal Opinion

Benincasa v. Incorporated Village of Rockville Centre

New York Supreme Court

Decided May 3, 1961PublishedCited by 3 opinions

1Opinion of the CourtHoward T. Hogan, J.

Plaintiff in an action seeking a declaration that certain acts of the Board of Trustees of the Village of Rockville Centre are illegal and void and also seeking a per*14manent injunction restraining them from proceeding with an urban renewal program, now move for an injunction pendente lite. Defendants have cross-moved to dismiss the complaint on the ground that it does- not state facts sufficient to constitute a cause of action.

Two causes of action are pleaded. The first alleges that the Mayor of the village, by reason of his ownership of real property “ contiguous to, connected with, on the…

2Cases cited1 opinion

  1. Kaskel v. ImpellitteriNew York Court of Appeals · 1953

3Cited by3 opinions

  1. Ebker v. Tan Jay International Ltd.District Court, S.D. New York · 1990
  2. Spadanuta v. Incorporated Village of Rockville CentreNew York Supreme Court · 1962
  3. Spadanuta v. Inc. Village On Rockville CentreAppellate Division of the Supreme Court of the State of New York · 1962

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