TOWN OF SOMERS v. CAMARCO CONTRACTORS, INC.


12 A.D.2d 977 (1961)

Town of Somers, Appellant, v. Camarco Contractors, Inc., Respondent

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

February 20, 1961


Order affirmed, with $10 costs and disbursements.

The new Zoning Ordinance, effective August 29, 1960, should be pleaded in an amended complaint, and defendant should be permitted to interpose its defenses and counterclaims thereto in its answer to such complaint. Under the circumstances here, the application of the legal principles involved should await determination upon a trial of the factual issues raised by the amended pleadings. If so advised, plaintiff may...

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