Town of Brookhaven v. Parr Co. of Suffolk, Inc.

Appellate Division of the Supreme Court of New York

Town of Brookhaven v. Parr Co. of Suffolk, Inc.

47 A.D.2d 554, 363 N.Y.S.2d 640, 1975 N.Y. App. Div. LEXIS 8625

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

DecidedJanuary 27, 1975

StatusPublished

Cited by6 cases

This text of 47 A.D.2d 554 (Town of Brookhaven v. Parr Co. of Suffolk, Inc.) 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

Town of Brookhaven v. Parr Co. of Suffolk, Inc., 47 A.D.2d 554, 363 N.Y.S.2d 640, 1975 N.Y. App. Div. LEXIS 8625 (N.Y. Ct. App. 1975).

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Opinion

In an action inter alia to declare that defendants the Parr Company of Suffolk, Inc., and Suffolk Meadows Quarter Horse Racing Association, Inc., are subject to the Zoning Ordinance of the Town of Brook-haven and the New York State Building Code as adopted by said town in said defendant’s construction of a racetrack, plaintiff appeals from an order of the Supreme Court, Suffolk County, entered January 23, 1974, which (1) denied its motion for a preliminary injunction and (2) granted defendants’ motions to dismiss the complaint. Order nlodified, on the law, by striking therefrom the second and third decretal paragraphs and substituting therefor a provision denying the motions to dismiss the complaint and declaring that the above-mentioned defendants are not subject to the Zoning Ordinance of the Town of Brookhaven and the New York State Building Code as adopted by said town in said defendants’ construction of a racetrack. As so modified, order affirmed, without costs. When, in an action for declaratory judgment, the plaintiff is not entitled to the declaration sought, the complaint should not be dismissed but the court should declare the parties’ rights with respect to the subject matter of the litigation (Lanza v. Wagner, U N Y 2d 317, 334)» Martuscello,

[555]*555Acting P. J., Latham, Benjamin, Munder and Shapiro, JJ., concur. [76 Mise 2d 378.]

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In an action inter alia to declare that defendants the Parr Company of Suffolk, Inc., and Suffolk Meadows Quarter Horse Racing Association, Inc., are subject to the Zoning Ordinance of the Town of Brook-haven and the New York State Building Code as adopted by said town in said defendant’s construction of a racetrack, plaintiff appeals from an order of the Supreme Court, Suffolk County, entered January 23, 1974, which (1) denied its motion for a preliminary injunction and (2) granted defendants’ motions to dismiss the complaint. Order nlodified, on the law, by striking therefrom the second and third decretal paragraphs and substituting therefor a provision denying the motions to dismiss the complaint and declaring that the above-mentioned defendants are not subject to the Zoning Ordinance of the Town of Brookhaven and the New York State Building Code as adopted by said town in said defendants’ construction of a racetrack. As so modified, order affirmed, without costs. When, in an action for declaratory judgment, the plaintiff is not entitled to the declaration sought, the complaint should not be dismissed but the court should declare the parties’ rights with respect to the subject matter of the litigation (Lanza v. Wagner, U N Y 2d 317, 334)» Martuscello,

[555]*555Acting P. J., Latham, Benjamin, Munder and Shapiro, JJ., concur. [76 Mise 2d 378.]

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Bluebook (online)

47 A.D.2d 554, 363 N.Y.S.2d 640, 1975 N.Y. App. Div. LEXIS 8625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-brookhaven-v-parr-co-of-suffolk-inc-nyappdiv-1975.

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