Dairy Barn Stores, Inc. v. Town of North Hempstead

Appellate Division of the Supreme Court of New York

Dairy Barn Stores, Inc. v. Town of North Hempstead

60 A.D.2d 619, 400 N.Y.S.2d 519, 1977 N.Y. App. Div. LEXIS 14588

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

DecidedDecember 19, 1977

StatusPublished

This text of 60 A.D.2d 619 (Dairy Barn Stores, Inc. v. Town of North Hempstead) 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

Dairy Barn Stores, Inc. v. Town of North Hempstead, 60 A.D.2d 619, 400 N.Y.S.2d 519, 1977 N.Y. App. Div. LEXIS 14588 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action, inter alia, to declare certain ordinances of the Town of North Hempstead unconstitutional, plaintiff appeals from an order of the Supreme Court, Nassau County, dated January 24, 1977, which (1) granted defendant’s motion for summary judgment dismissing the complaint and (2) denied its cross motion for summary judgment. Order modified, on the law, by deleting therefrom all language after the words "Plaintiffs motion for summary judgment is denied”, and substituting therefor provisions (1) declaring the ordinances in question to be constitutional and (2) otherwise dismissing the complaint. As so modified, order affirmed, with $50 costs and disbursements payable to defendant, upon the opinion of Mr. Justice Berman at Special Term (cf. Lanza v Wagner, 11 NY2d 317, 334). Shapiro, J. P., Hawkins, Suozzi and Mollen, JJ., concur.

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

In an action, inter alia, to declare certain ordinances of the Town of North Hempstead unconstitutional, plaintiff appeals from an order of the Supreme Court, Nassau County, dated January 24, 1977, which (1) granted defendant’s motion for summary judgment dismissing the complaint and (2) denied its cross motion for summary judgment. Order modified, on the law, by deleting therefrom all language after the words "Plaintiffs motion for summary judgment is denied”, and substituting therefor provisions (1) declaring the ordinances in question to be constitutional and (2) otherwise dismissing the complaint. As so modified, order affirmed, with $50 costs and disbursements payable to defendant, upon the opinion of Mr. Justice Berman at Special Term (cf. Lanza v Wagner, 11 NY2d 317, 334). Shapiro, J. P., Hawkins, Suozzi and Mollen, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

60 A.D.2d 619, 400 N.Y.S.2d 519, 1977 N.Y. App. Div. LEXIS 14588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dairy-barn-stores-inc-v-town-of-north-hempstead-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack