Carnat Realty, Inc. v. Town of Babylon

Appellate Division of the Supreme Court of New York

Carnat Realty, Inc. v. Town of Babylon

33 A.D.2d 563, 306 N.Y.S.2d 402, 1969 N.Y. App. Div. LEXIS 3149

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1969

StatusPublished

Cited by1 cases

This text of 33 A.D.2d 563 (Carnat Realty, Inc. v. Town of Babylon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carnat Realty, Inc. v. Town of Babylon, 33 A.D.2d 563, 306 N.Y.S.2d 402, 1969 N.Y. App. Div. LEXIS 3149 (N.Y. Ct. App. 1969).

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Opinion

In an action to declare void certain provisions of defendant’s zoning ordinance as they apply to certain lots 35 to 40, inclusive, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated March 31, 1969, which denied plaintiff’s motion for summary judgment' and dismissed the complaint. Order modified, on the law, by striking therefrom the’ second decretal paragraph, which dismissed the complaint. As so modified, order affirmed, without costs. From the record herein, it appears that there are issues of fact present, resolution of which may be had only after trial.. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.

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In an action to declare void certain provisions of defendant’s zoning ordinance as they apply to certain lots 35 to 40, inclusive, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated March 31, 1969, which denied plaintiff’s motion for summary judgment' and dismissed the complaint. Order modified, on the law, by striking therefrom the’ second decretal paragraph, which dismissed the complaint. As so modified, order affirmed, without costs. From the record herein, it appears that there are issues of fact present, resolution of which may be had only after trial.. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 563, 306 N.Y.S.2d 402, 1969 N.Y. App. Div. LEXIS 3149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carnat-realty-inc-v-town-of-babylon-nyappdiv-1969.

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