Town of Southeast v. Gonnella
| Decision Date | 22 September 1966 |
| Citation | 18 N.Y.2d 727,274 N.Y.S.2d 166 |
| Parties | , 220 N.E.2d 809 TOWN OF SOUTHEAST, Appellant, v. Louise GONNELLA and Victor Gonnella, Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 26 A.D.2d 550, 270 N.Y.S.2d 863.
Action was brought to enjoin alleged violation of a zoning ordinance by keeping, maintaining, and operating certain realty as a sand and gravel bank.
The Supreme Court, Putnam County, James W. Bailey, J., entered an order granting the plaintiff's motion for injunction pendente lite, and the defendants appealed.
The Appellate Division entered an order, which reversed the order of the Supreme Court, and which denied the motion.
The plaintiff made a motion in the Court of Appeals for leave to appeal.
Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
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...an undisputed right rests upon the plaintiff. (Town of Southeast v. Gonnella, 26 A.D.2d 550, 270 N.Y.S.2d 863 mot. dism. 18 N.Y.2d 727, 274 N.Y.S.2d 166, 220 N.E.2d 809.) The normal reluctance to impose a summary restraint in advance of a full and complete trial is particularly acute in a c......
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