Horan v. Town of Smithtown

Appellate Division of the Supreme Court of New York

Horan v. Town of Smithtown

194 A.D.2d 714, 601 N.Y.S.2d 803, 1993 N.Y. App. Div. LEXIS 6459

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

DecidedJune 21, 1993

StatusPublished

Cited by1 cases

This text of 194 A.D.2d 714 (Horan v. Town of Smithtown) 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

Horan v. Town of Smithtown, 194 A.D.2d 714, 601 N.Y.S.2d 803, 1993 N.Y. App. Div. LEXIS 6459 (N.Y. Ct. App. 1993).

Pincite

Opinion

—In an action, inter alia, for a judgment (1) declaring the defendant Town of Smithtown’s zoning ordinance unconstitutional insofar as it classifies the petitioner’s parcel of real property as "residential”, (2) compelling the defendants to change the zoning classification of the subject parcel to "heavy industrial”, and (3) for related injunctive relief, the defendants appeal from an order of the Supreme Court, Suffolk County (Floyd, J.), dated April 5, 1991, [715]*715which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

We concur with the trial court that triable issues of fact exist which preclude the granting of the defendants’ motion for summary judgment (see, Creighton v Milbauer, 191 AD2d 162). Thompson, J. P., Bracken, Balletta and Eiber, JJ., concur.

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

—In an action, inter alia, for a judgment (1) declaring the defendant Town of Smithtown’s zoning ordinance unconstitutional insofar as it classifies the petitioner’s parcel of real property as "residential”, (2) compelling the defendants to change the zoning classification of the subject parcel to "heavy industrial”, and (3) for related injunctive relief, the defendants appeal from an order of the Supreme Court, Suffolk County (Floyd, J.), dated April 5, 1991, [715]*715which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

We concur with the trial court that triable issues of fact exist which preclude the granting of the defendants’ motion for summary judgment (see, Creighton v Milbauer, 191 AD2d 162). Thompson, J. P., Bracken, Balletta and Eiber, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

194 A.D.2d 714, 601 N.Y.S.2d 803, 1993 N.Y. App. Div. LEXIS 6459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horan-v-town-of-smithtown-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack