Order modified, on the law, by striking therefrom the second and third decretal paragraphs and substituting therefor a provision denying the motions to dismiss the complaint and declaring that the above-mentioned defendants are not subject to the Zoning Ordinance of the Town of Brookhaven and the New York State Building Code as adopted by said town in said defendants' construction of a racetrack. As so modified, order affirmed, without costs.
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