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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