Lynn-Dell Estates, Inc. v. Slocum

Appellate Division of the Supreme Court of New York

Lynn-Dell Estates, Inc. v. Slocum

16 A.D.2d 828, 1962 N.Y. App. Div. LEXIS 9450

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

DecidedMay 28, 1962

StatusPublished

This text of 16 A.D.2d 828 (Lynn-Dell Estates, Inc. v. Slocum) 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

Lynn-Dell Estates, Inc. v. Slocum, 16 A.D.2d 828, 1962 N.Y. App. Div. LEXIS 9450 (N.Y. Ct. App. 1962).

Pincite

Opinion

In a proceeding pursuant to article 78 of the Civil Practice Act to compel the issuance of a building permit, the town officials of the Town of Stony Point appeal from an order of the Supreme Court, Rockland County, entered November 30, 1961, which directed that the permit be issued forthwith and which declared that “ the zoning ordinance now in effect shall not apply to prevent petitioner’s erection of the improvements in accordance with the building permit to be issued.” Order reversed on the law and proceeding remitted to the Special Term for determination after a hearing, with costs to abide the event. Triaible issues of fact are raised by the pleadings and accompanying papers. Such issues should be determined after a hearing (Civ. Prac. Act, § 1295). Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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In a proceeding pursuant to article 78 of the Civil Practice Act to compel the issuance of a building permit, the town officials of the Town of Stony Point appeal from an order of the Supreme Court, Rockland County, entered November 30, 1961, which directed that the permit be issued forthwith and which declared that “ the zoning ordinance now in effect shall not apply to prevent petitioner’s erection of the improvements in accordance with the building permit to be issued.” Order reversed on the law and proceeding remitted to the Special Term for determination after a hearing, with costs to abide the event. Triaible issues of fact are raised by the pleadings and accompanying papers. Such issues should be determined after a hearing (Civ. Prac. Act, § 1295). Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

16 A.D.2d 828, 1962 N.Y. App. Div. LEXIS 9450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynn-dell-estates-inc-v-slocum-nyappdiv-1962.