Appellate Division of the Supreme Court of New York, 1942

Elbert v. Village of North Hills

Elbert v. Village of North Hills
Appellate Division of the Supreme Court of New York · Decided May 25, 1942
264 A.D. 793; 35 N.Y.S.2d 746; 1942 N.Y. App. Div. LEXIS 4754
Elbert v. Village of North Hills

Opinion of the Court

Action for declaratory judgment to have a zoning ordinance of a village declared unconstitutional in respect of plaintiff’s property. Order denying plaintiff’s motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice, and to strike out two affirmative defenses under rule 109 of the Rides of Civil Practice, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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