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MATTER OF FULTON CAMA, INC. v. TRS. OF THE VILL. OF FARMINGDALE

72 A.D.2d 813 (1979)

In the Matter of Fulton Cama, Inc. et al., Respondents, v. Trustees of the Village of Farmingdale et al., Appellants

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

November 26, 1979

Judgment reversed, on the law, without costs or disbursements, and matter remitted to Special Term for further proceedings consistent herewith.

In the absence of a motion for summary judgment, it was improper for Special Term to render a declaratory judgment in this action sua sponte (see CPLR 3212). Furthermore, the constitutionality of the challenged ordinance is a matter which cannot be determined solely upon the...

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