Appellate Division of the Supreme Court of New York, 1958

Village of Belle Terre v. Belle Terre Associates, Inc.

Village of Belle Terre v. Belle Terre Associates, Inc.
Appellate Division of the Supreme Court of New York · Decided January 6, 1958 · Beldock, Hallinan, Kleinfeld, Murphy, Nolan
5 A.D.2d 776; 170 N.Y.S.2d 296; 1958 N.Y. App. Div. LEXIS 7341
Village of Belle Terre v. Belle Terre Associates, Inc.

Opinion of the Court

In an action for an injunction, the appeal is from so much of an order as (1) strikes out certain denials from appellants’ answer as sham and frivolous, with leave to serve an amended answer pleading invalidity of respondent’s zoning ordinance as an affirmative defense, (2) strikes from said answer the first and second affirmative defenses, and (3) denies appellants’ cross motion for judgment on the pleadings and summary judgment. Order affirmed, with $10 costs and disbursements. No opinion.

Nolan, P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.

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