INFINITE GREEN, INC. v. TOWN OF BABYLON

2019-00182. Index No. 602914/17.

201 A.D.3d 892 (2022)

162 N.Y.S.3d 424

2022 NY Slip Op 00407

Infinite Green, Inc., Respondent, v. Town of Babylon et al., Appellants.

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

Decided January 26, 2022.


Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown, NY ( John M. Denby of counsel), for appellants.

Edward S. Raskin , Deer Park, NY, for respondent.

Connolly, J.P., Chambers, Hinds-Radix and Miller, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion for summary judgment on the first cause of action, for a judgment declaring that the Code of the Town of Babylon chapter 153, article I, is unconstitutional and to permanently enjoin the defendants from enforcing the Code of the Town of Babylon chapter 153, article I, to the extent that it required the plaintiff to either submit to an inspection by a Town of Babylon...

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