Rapp v. Incorporated Village

Appellate Division of the Supreme Court of New York

Rapp v. Incorporated Village

193 A.D.2d 726, 598 N.Y.S.2d 978, 1993 N.Y. App. Div. LEXIS 4944

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

DecidedMay 17, 1993

StatusPublished

This text of 193 A.D.2d 726 (Rapp v. Incorporated Village) 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

Rapp v. Incorporated Village, 193 A.D.2d 726, 598 N.Y.S.2d 978, 1993 N.Y. App. Div. LEXIS 4944 (N.Y. Ct. App. 1993).

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Opinion

action, inter alia, for a judgment declaring the 1986 Zoning Code of the defendant Incorporated Village of Mineóla, enacted July 25, 1986, to be invalid, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Christ, J.), dated February 6, 1990, as granted that branch of the defendants’ motion for summary judgment which was to dismiss, on the grounds of res judicata, so much of the plaintiffs’ first cause of action which was to declare that the 1986 Zoning Code of the Incorporated Village of Mineóla violated Village Law § 7-706 (1) and (2).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the part of the first cause of action in question is barred by the doctrine of res judicata (see, Matter of Hodes v Axelrod, 70 NY2d 364, 372-373; Matter of Reilly v Reid, 45 NY2d 24, 28-29; Culver v County of Rensselaer, 139 AD2d 853, 854-855; Restatement [Second] of Judgments § 24). Mangano, P. J., Thompson, Balletta and Lawrence, JJ., concur.

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action, inter alia, for a judgment declaring the 1986 Zoning Code of the defendant Incorporated Village of Mineóla, enacted July 25, 1986, to be invalid, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Christ, J.), dated February 6, 1990, as granted that branch of the defendants’ motion for summary judgment which was to dismiss, on the grounds of res judicata, so much of the plaintiffs’ first cause of action which was to declare that the 1986 Zoning Code of the Incorporated Village of Mineóla violated Village Law § 7-706 (1) and (2).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the part of the first cause of action in question is barred by the doctrine of res judicata (see, Matter of Hodes v Axelrod, 70 NY2d 364, 372-373; Matter of Reilly v Reid, 45 NY2d 24, 28-29; Culver v County of Rensselaer, 139 AD2d 853, 854-855; Restatement [Second] of Judgments § 24). Mangano, P. J., Thompson, Balletta and Lawrence, JJ., concur.

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193 A.D.2d 726, 598 N.Y.S.2d 978, 1993 N.Y. App. Div. LEXIS 4944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rapp-v-incorporated-village-nyappdiv-1993.

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