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Anderson v. Town of Clarkstown

15 A.D.2d 560 Court N.Y. App. Div. Decision date 1961-12-27 English

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p. 560
Alan H. Anderson et al., Appellants, v. Town of Clarkstown et al., Respondents.

In our opinion the amended complaint fails to state a cause of action and it was properly dismissed pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. Beldock, Christ, Pette and Brennan, JJ., concur; Nolan, P. J., dissents and votes to reverse the order and to deny the motion to dismiss on the ground that the amended complaint is sufficient to state a cause of action based on spot zoning.