BARRY RD. LONG ACRE NEIGHBORHOOD ASS'N v. JOHNSON


107 A.D.2d 1070 (1985)

Barry Road Long Acre Neighborhood Association, Appellant, v. Stephen Johnson et al., Respondents

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

January 29, 1985


Judgment unanimously affirmed, without costs.

Memorandum:

Special Term properly treated plaintiff's motion as one for summary judgment in plaintiff's action seeking to invalidate a change of zone ordinance inasmuch as in its notice of motion plaintiff asks, as the primary relief, on the basis of the moving affidavits and the verified complaint, that the court grant a judgment "[r]eversing, annulling [and setting aside] the Town Board's resolution granting...

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