Vitiello v. City of Yonkers

—In an action, inter alia, to permanently enjoin the defendant Action Redi-Mix Corp. from operating a concrete manufacturing/batching plant on certain premises in the defendant City of Yonkers, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered March 10, 1999, which denied their motion for summary judgment on the cause of action for a permanent injunction.

Ordered that the order is affirmed, with costs.

The defendant Action Redi-Mix Corp. (hereinafter Action *254Redi-Mix) operates a concrete manufacturing or batching plant. The plant was built…