Phillips v. Open Air County Fair, Inc.

Lazer, J. P.,

concurs in the result, with the following memorandum: While I concur in reversal, I do so on constraint of our holding in Town of Brookhaven v Monster Rest. (61 AD2d 980). I believe it is highly unrealistic to impose the obligation of establishing irreparable injury upon a municipality which seeks a preliminary injunction in a zoning case. At issue here is a patently illegal use of agricultural society property in the Town of Wallkill for a flea market which involves approximately 1,500 outdoor and 500 indoor sales booths and draws huge throngs of people to the site several times…