DAIRY BARN STORES, INC. v. TOWN OF NORTH HEMPSTEAD


60 A.D.2d 619 (1977)

Dairy Barn Stores, Inc., Appellant, v. Town of North Hempstead, Respondent

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

December 19, 1977


Order modified, on the law, by deleting therefrom all language after the words "Plaintiff's motion for summary judgment is denied", and substituting therefor provisions (1) declaring the ordinances in question to be constitutional and (2) otherwise dismissing the complaint.

As so modified, order affirmed, with $50 costs and disbursements payable to defendant, upon the opinion of Mr. Justice Berman at Special Term (cf. Lanza v Wagner, 11 N.Y...

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