Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action seeking a permanent injunction restraining defendants from violating the zoning ordinance of the Town of Ellicott. Supreme Court erred in granting plaintiffs' motion for summary judgment. "Issue finding rather than issue determination is the function of the court on a motion for summary judgment" (Powell v Tarantino...
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