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Rohde v. Town of Brookhaven

24 A.D.2d 869 Court N.Y. App. Div. Decision date 1965-11-01 English

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p. 869
Charles W. Rohde et al., Appellants, v. Town of Brookhaven et al., Respondents.

In an action to declare the nullity of a certain zoning change, and for other relief, plaintiffs appeal from an order of the Supreme Court, Suffolk County, entered January 19, 1965, which dismissed the amended complaint for failure to state a cause of action (CPLR 3211, subd. [a], par. 7). Order affirmed, without costs, on the ground that no cause of action is stated under section 51 of the General Municipal Law. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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