Legal Opinion

City of Albany v. Feigenbaum

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 1994PublishedCited by 6 opinions

1Opinion of the Court

—Cardona, P. J.

Appeal from an order of the Supreme Court (Spain, J.), entered November 18, 1993 in Albany County, which denied plaintiff’s motion for a preliminary injunction.

The issue before us is whether Supreme Court properly denied plaintiff’s application for a preliminary injunction preventing defendants’ continued operation of a "juice bar”, which provides entertainment in the form of totally nude dancers, pending the determination of plaintiff’s action for a permanent injunction based upon an alleged violation of its zoning ordinance.

We reverse. Plaintiff has the authority to obtain a…

2Cases cited4 opinions

  1. MATTER OF HARBISON v. City of BuffaloNew York Court of Appeals · 1958
  2. City of New York v. Bilynn Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  3. Cave v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1975
  4. Aboud v. WallaceAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by6 opinions

  1. Adirondack Park Agency v. Hunt Bros. Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Town of Thompson v. BraunsteinAppellate Division of the Supreme Court of the State of New York · 1998
  3. Town of Oyster Bay v. DyottAppellate Division of the Supreme Court of the State of New York · 1998
  4. Town of Canaan v. S.C.L. Form Co.Appellate Division of the Supreme Court of the State of New York · 2006
  5. E.P.G. Associates v. City of Ithaca BoardAppellate Division of the Supreme Court of the State of New York · 1999

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