Reuschenberg v. Town of Huntington

*569In an action, inter alia, for specific performance of a stipulation of settlement, the defendant appeals from so much of (1) an order of the Supreme Court, Suffolk County (Cohalan, J.), dated May 28, 2003, as denied that branch of its motion which was to dismiss the second cause of action, and granted that branch of the plaintiffs’ motion which was for a preliminary injunction enjoining it from impeding the plaintiffs’ use of their real property to operate their business, and (2) an order of the same court dated December 23, 2003, as, upon reargument, reinstated the first cause of action and…