District Court, S.D. New York June 12, 2006, 06 Civ. 3755(CM) (Buffalo Southern Railroad v. Village of Croton-On-Hudson)

DECISION AND ORDER GRANTING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

McMAHON, District Judge.

Introduction

Plaintiff is a common carrier by rail in western New York. In March 2006, it entered into a lease for the property located at 1A Croton Point Avenue in Croton-on-Hudson (“the Yard”).