17 Fortune Corp. v. Town of Babylon

In an action to permanently enjoin the defendant from interfering with the plaintiff’s use and occupancy of its business, the defendant appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated August 1, 2011, which granted the plaintiffs motion for a preliminary injunction.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

In or around 1980, the plaintiff acquired the business at issue, which is located in Lindenhurst. The business is a cabaret which features topless female adult entertainment and, since that acquisition, it has been…