Opinion
April 7, 1952.
Present — Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ.
In an action for a judgment declaring unreasonable, unconstitutional and void an amendment to the zoning ordinance of the defendant Town of Oyster Bay, plaintiff appeals from a judgment dismissing the complaint at the end of plaintiff's case. Judgment unanimously affirmed, with costs. While the evidence presented a question of fact as to whether the amendment constituted spot zoning, nevertheless plaintiff offered no evidence warranting a finding that by the enactment of the amendment it had suffered detriment or that there was waste of the funds of the town. ( Bowery Sav. Bank v. Plymouth Colony Corp., 254 App. Div. 870.)