COMM'R OF CMTY. DEV. OF THE CITY OF ROCHESTER v. APTON


115 A.D.2d 271 (1985)

Commissioner of Community Development of the City of Rochester, Appellant-Respondent, v. Vincent P. Apton et al., Respondents-Appellants

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

November 15, 1985


Order unanimously modified, on the law, and, as modified, affirmed without costs, in accordance with the following memorandum:

The court has granted summary judgment declaring the present zoning of the respondents' property unconstitutional solely on the basis of the res judicata and collateral estoppel effect of judgments granted more than 20 years ago. This was error. Respondents, as the parties seeking the benefit of collateral estoppel, had the burden of demonstrating...

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