MATTER OF 24 FRANKLIN AVENUE R.E. CORP. v. HEASHIP

2008-09673.

74 A.D.3d 980 (2010)

901 N.Y.S.2d 863

In the Matter of 24 FRANKLIN AVENUE R.E. CORP. et al., Respondents, v. THOMAS HEASHIP et al., Respondents/Defendants, and STEPHEN MALTITANO et al., Appellants.

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

Decided June 8, 2010.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

As the appellants correctly contend, under the circumstances presented here, the Supreme Court erred in its use of a summary procedure in awarding judgment on the causes of action which sought a judgment declaring that a zoning ordinance enacted as Local Law No. 4 ...

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