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

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1969·Published·Cited by 1 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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).

Pincite

33 A.D.2d 563 (Carnat Realty, Inc. v. Town of Babylon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related