← Cases

Elbert v. Village of North Hills

264 A.D. 793 Court N.Y. App. Div. Decision date 1942-05-25 English

Contents

Majority

p. 793
Robert G. Elbert, Appellant, v. Village of North Hills, Henry M. Minton, as Mayor of the Village of North Hills, and Others, Respondents.

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.