MALDINI v. AMBRO


35 A.D.2d 577 (1970)

Robert Maldini et al., Respondents, v. Jerome A. Ambro et al., Constituting The Town Board of the Town of Huntington, Defendants, and Health Care Agencies of the New York Annual Conference of the Methodist Church, Inc., Appellant

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

July 20, 1970


Judgment reversed, on the law, and order modified by striking therefrom the decretal provisions granting plaintiffs' motion and directing entry of judgment for plaintiffs and by substituting therefor a provision denying plaintiffs' said motion; and order affirmed as so modified, with $10 costs and disbursements to appellant against plaintiffs.

There are triable issues of fact. Whether the zoning amendment was in accordance with the comprehensive plan of the town is...

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