The opinion of the court was delivered by: MOTLEY
Memorandum Opinion On Motion for Preliminary Injunction
Plaintiff has moved for an order pursuant to Rule 65, Fed.R.Civ.P. restraining defendants, during the pendency of this action from the following:
a) Changing the status quo now existing between the parties with respect to any and all of plaintiff's property or property rights, by interfering with or depriving plaintiff of the same by appropriation or otherwise; and
b) Interfering with plaintiff's lawful conduct of its business and use of its property, including but not limited to its property located along the westerly side of the Saw Mill River Parkway near the village of Dobbs Ferry and the village of Hastings on Hudson in the County of Westchester, State of New York, and use of its rights of egress and ingress over Ogden Avenue between said property and the Saw Mill River Parkway.
Plaintiff alleges that if such relief is not granted and if defendants commit these acts during the pendency of this action, it will suffer immediate and irreparable injury. Plaintiff's cause of action by its amended complaint seeks the following relief:
a) A permanent injunction seeking to enjoin defendants, their agents, servants, and employees from:
1. Appropriating plaintiff's easement rights at its Dobbs Ferry location;
2. Interfering with plaintiff's quiet enjoyment and exploitation of its property rights at its Dobbs Ferry location;
3. Interfering with plaintiff's improvement of its access way to and from the Parkway pursuant to plans and specifications already approved by the East Hudson Parkway Authority; and
b) If the appropriation of plaintiff's easement rights has become final, a judgment requiring defendants to convey back to plaintiff the said easement rights;
c) Money damages against the East Hudson Parkway Authority in an amount in excess of $500,000; and
d) Other and further relief as may seem proper.
Defendants filed a motion on December 6, 1966, seeking an order pursuant to Rule 12, Fed.R.Civ.P., dismissing the complaint on the grounds that it failed to state a claim against the defendants upon which relief could be granted and that this court lacked jurisdiction over the subject matter because the judgment dated and entered December 13, 1965 in the matter of Chain Locations of America, Inc. v. East Hudson Parkway Authority, and J. Burch Mc Morran, Superintendent of Public Works, State of New York, on the decision of the Supreme Court, Westchester County (Dillon, J.), dated ...