TOWN OF NORTH HEMPSTEAD v. WHITE


1 Misc.2d 228 (1955)

Town of North Hempstead, Plaintiff, v. John A. White, Defendant. Owen D. Lincoln, Plaintiff, v. John A. White, Defendant.

Supreme Court, Special Term, Nassau County.

July 13, 1955.


Attorney(s) appearing for the Case

Schiffmacher & Williams for defendant.

James L. Dowsey, Jr., for Town of North Hempstead, plaintiff.

Burns & Derounian for Owen D. Lincoln, plaintiff.


HOGAN, J.

Defendant moves for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, dismissing the complaints of plaintiffs in both actions and granting judgment to him on his affirmative defenses and counterclaims which seek to restrain plaintiffs from interfering with what he claims to be a legal nonconforming use of his premises, as well as a judgment declaring the zoning ordinance unconstitutional...

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