Reeve v. Martocchia

Appellate Division of the Supreme Court of New York

Reeve v. Martocchia

56 A.D.2d 841, 392 N.Y.S.2d 78, 1977 N.Y. App. Div. LEXIS 11172

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

DecidedMarch 7, 1977

StatusPublished

This text of 56 A.D.2d 841 (Reeve v. Martocchia) 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

Reeve v. Martocchia, 56 A.D.2d 841, 392 N.Y.S.2d 78, 1977 N.Y. App. Div. LEXIS 11172 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action for a judgment declaring a certain amendment to the Zoning Ordinance of the Town of Southold to be invalid, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, entered December 10, 1975, which, after a nonjury trial, dismissed the complaint. Judgment modified, on the law, by deleting the provision which dismissed the complaint and substituting therefor a provision that the amendment to the Zoning Ordinance of the Town of Southold, which rezoned the property of defendant Bruce A. Norris from "A” Residential-Agricultural to "M” Light Multiple Residence, is valid in all respects. As so modified, judgment affirmed, with one bill of costs jointly to respondents, on the opinion of Mr. Justice Lipetz at Special Term. While we agree with the reasoning and result of the decision of the Special Term, the proper disposition of an action for a declaratory judgment is the malting of an appropriate declaration, rather than dismissal of the complaint (see CPLR 3001; Lanza v Wagner, 11 NY2d 317, 334; Liberty Coaches v Mobil Oil Corp., 51 AD2d 577). The judgment should be modified accordingly. Hopkins, Acting P. J., Latham, Damiani and Hawkins, JJ., concur.

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

In an action for a judgment declaring a certain amendment to the Zoning Ordinance of the Town of Southold to be invalid, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, entered December 10, 1975, which, after a nonjury trial, dismissed the complaint. Judgment modified, on the law, by deleting the provision which dismissed the complaint and substituting therefor a provision that the amendment to the Zoning Ordinance of the Town of Southold, which rezoned the property of defendant Bruce A. Norris from "A” Residential-Agricultural to "M” Light Multiple Residence, is valid in all respects. As so modified, judgment affirmed, with one bill of costs jointly to respondents, on the opinion of Mr. Justice Lipetz at Special Term. While we agree with the reasoning and result of the decision of the Special Term, the proper disposition of an action for a declaratory judgment is the malting of an appropriate declaration, rather than dismissal of the complaint (see CPLR 3001; Lanza v Wagner, 11 NY2d 317, 334; Liberty Coaches v Mobil Oil Corp., 51 AD2d 577). The judgment should be modified accordingly. Hopkins, Acting P. J., Latham, Damiani and Hawkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

56 A.D.2d 841, 392 N.Y.S.2d 78, 1977 N.Y. App. Div. LEXIS 11172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reeve-v-martocchia-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack