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STONY POINT MOTEL CORP. v. TOWN OF STONY POINT

1 A.D.3d 503 (2003)

767 N.Y.S.2d 251

STONY POINT MOTEL CORP., Appellant, v. TOWN OF STONY POINT, Respondent.

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

November 17, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

In opposition to the defendant's prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact as to whether the defendant's emergency closure of its motel pursuant to Town Code § 78-11 (A) violated 42 USC § 1983 (see Catanzaro v Weiden, 188 F.3d 56

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