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Old Farm Road, Inc. v. Town of New Castle

Appellate Division of the Supreme Court of New York, Second Department
May 29, 1967
28 A.D.2d 570 (N.Y. App. Div. 1967)

Opinion

May 29, 1967


Order of the Supreme Court, Westchester County, dated July 13, 1966, affirmed insofar as appealed from, with $10 costs and disbursements. In our opinion, the causes of action alleged in the amended complaint (the order under review inter alia granted plaintiff's cross motion to interpose the amended complaint) are asserted prematurely where, as here, no application has been made for a building permit. Accordingly, it was correct to dismiss the complaint and the amended complaint, upon defendants' motion (CPLR 3211, subd. [a], par. 7). Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Nolan, JJ., concur.


Summaries of

Old Farm Road, Inc. v. Town of New Castle

Appellate Division of the Supreme Court of New York, Second Department
May 29, 1967
28 A.D.2d 570 (N.Y. App. Div. 1967)
Case details for

Old Farm Road, Inc. v. Town of New Castle

Case Details

Full title:OLD FARM ROAD, INC., Appellant, v. TOWN OF NEW CASTLE et al., Respondents

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

Date published: May 29, 1967

Citations

28 A.D.2d 570 (N.Y. App. Div. 1967)