CONT'L BLDG. CO., INC. v. TOWN OF NORTH SALEM


150 A.D.2d 518 (1989)

Continental Building Company, Inc., Respondent, v. Town of North Salem et al., Appellants. (Action No. 1.) Alvin Lukashok et al., Respondents, v. Town of North Salem et al., Appellants. (Action No. 2.)

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

May 15, 1989


Ordered that the order is affirmed, without costs or disbursements.

Although the plaintiffs in both actions challenge the same zoning ordinance, and seek relief on similarly labeled theories, the focus of each action remains the extent to which the ordinance is invalid as applied to a particular plaintiff's property. Further, action No. 1 is ready for trial, while disclosure in action No. 2 is in a preliminary phase. Since action No. 1 and action No. 2 are at markedly...

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