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TOWN OF CORTLANDT v. McNALLY

282 A.D. 1072 (1953)

Town of Cortlandt, Appellant, v. Elizabeth McNally, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 28, 1953.

Order and judgment reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

In our opinion summary judgment should not have been granted, since the proofs submitted by respondent did not establish that the zoning ordinance was unreasonable, confiscatory or unconstitutional. Respondent's contentions were based, not upon a claim that the ordinance was unreasonable in its application to the entire district...

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