GRASSROOTS FOR GREENBURGH
E-Mail: grassrootsforgreenburgh@att.net
August 4, 2006
TOWN LOSES MOTION FOR A STAY ON THE SECOND LAWSUIT FILED BY EDGEMONT ATTORNEY ROBERT BERNSTEIN
Justice Susan Cacace of the New York State Supreme Court Westchester County denied the Town of Greenburgh’s motion to stay Bernstein II [see Edgemont Attorney Files Another Lawsuit against the Town of Greenburgh] and directed the town to respond to the suit by August 17. [See also: Edgemont Attorney Opposes Town's Motion For Stay on Second Lawsuit.]
The town had sought to stay the suit pending disposition of the Taxter appeal. In denying the town's motion, the court said: “Although the respondents claim that the issues in the two matters are the same, they indicate that even if the earlier decision in the petitioner's favor were to be affirmed in the Appellate Division, they would not concede the validity of his arguments in the pending proceeding." The court then went on to find that the town had not shown a likelihood of success on the merits, irreparable injury in the absence of a stay and a balancing of equities in the town's favor. The court has not yet ruled on the villages' motion to intervene
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Court Orders Town to Answer Bernstein II.pdf (104 KB) Please note: This document is provided in Adobe PDF format, which requires the free Adobe reader, available at the Adobe web site.
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