Town of Brookhaven v. Monster Restaurant, Inc.

In an action for a mandatory injunction to compel defendant to remove an allegedly illegal structural extension on its property, defendant appeals from an order of the Supreme Court, Suffolk County, entered September 21, 1977, which granted plaintiff’s motion for a preliminary injunction preventing it from using or occupying for any purpose the structural extension. Order reversed, without costs or disbursements, and motion denied. Appellant, which operates "The Monster Restaurant” in the community of Cherry Grove on Fire Island, essentially admits that a structural extension of the front of…