Dobbins v. Town of Eastchester

Appellate Division of the Supreme Court of New York

Dobbins v. Town of Eastchester

41 A.D.2d 674, 340 N.Y.S.2d 1011, 1973 N.Y. App. Div. LEXIS 5035

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

DecidedFebruary 26, 1973

StatusPublished

This text of 41 A.D.2d 674 (Dobbins v. Town of Eastchester) 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

Dobbins v. Town of Eastchester, 41 A.D.2d 674, 340 N.Y.S.2d 1011, 1973 N.Y. App. Div. LEXIS 5035 (N.Y. Ct. App. 1973).

Pincite

Opinion

-In a proceeding-pursuant, to. article 78‘ of the CPLR" to enjoin' respondents . Town; óf . Eastchester and .its. supervisor: from ■granting to respondent-Eastchester Little -League, Inc., the exclúsive'.Use of public property, known, as..Francis O’Rourke Field, and.-to make, the ■ property •- available for the use of- citizens and residents' of the State óf New York other, than said Little League, Inc.-,. petitioner .appeals .from (1) a judgment'of the' Supreme Court, Westchester County, dated -June 26, 1972, which- dismissed, the' ’ petition, without a hearing, and (.2) . an order of the same court, dated. July 24, .1972, which denied his motion .for.reargument. ..Judgment and order reversed, on the law, without costs, and proceeding remitted to ■ Special Term'for trial, in - accordance with the views herein set forth. In our opinion, whether respondent ■ Eastchester Little League, Inc., had been .granted -the exclusive use-of the.pub- ' lie property.in question.in violation of law was a'triable issue of. fact which, should have been tried pursuant to CPLR 7804 (subd. [h]). Rabin,; P. j., Martuscello and Shapiro, JJ., concur; Hopkins, and Munder, JJ., dissent and . vote to affirm the judgment and order.

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-In a proceeding-pursuant, to. article 78‘ of the CPLR" to enjoin' respondents . Town; óf . Eastchester and .its. supervisor: from ■granting to respondent-Eastchester Little -League, Inc., the exclúsive'.Use of public property, known, as..Francis O’Rourke Field, and.-to make, the ■ property •- available for the use of- citizens and residents' of the State óf New York other, than said Little League, Inc.-,. petitioner .appeals .from (1) a judgment'of the' Supreme Court, Westchester County, dated -June 26, 1972, which- dismissed, the' ’ petition, without a hearing, and (.2) . an order of the same court, dated. July 24, .1972, which denied his motion .for.reargument. ..Judgment and order reversed, on the law, without costs, and proceeding remitted to ■ Special Term'for trial, in - accordance with the views herein set forth. In our opinion, whether respondent ■ Eastchester Little League, Inc., had been .granted -the exclusive use-of the.pub- ' lie property.in question.in violation of law was a'triable issue of. fact which, should have been tried pursuant to CPLR 7804 (subd. [h]). Rabin,; P. j., Martuscello and Shapiro, JJ., concur; Hopkins, and Munder, JJ., dissent and . vote to affirm the judgment and order.

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Bluebook (online)

41 A.D.2d 674, 340 N.Y.S.2d 1011, 1973 N.Y. App. Div. LEXIS 5035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobbins-v-town-of-eastchester-nyappdiv-1973.