HEWLETT DEVELOPERS v. FRISINA


32 Misc.2d 910 (1962)

Hewlett Developers, Inc., Plaintiff, v. Warren Frisina et al., Defendants.

Supreme Court, Special Term, Nassau County.

January 11, 1962


Attorney(s) appearing for the Case

Goldstein & Maffucci for plaintiff. Nathaniel S. Rudes for defendants.


MARIO PITTONI, J.

Motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action is granted.

No facts are pleaded in the complaint from which it may be inferred that an amendment to the zoning ordinance, adopted on May 9, 1961, is illegal and void. Nor — assuming that the Board of Trustees had the power to make the agreement referred to in paragraph "Sixth" — may it be held that the facts stated...

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