Contino v. Incorporated Village of Hempstead
| Decision Date | 01 July 1970 |
| Parties | , 262 N.E.2d 221 Margaret CONTINO et al., Respondents, v. INCORPORATED VILLAGE OF HEMPSTEAD, Appellant, and Board of Zoning Appeals of the Incorporated Village of Hempstead, Defendant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 33 A.D.2d 1043, 309 N.Y.S.2d 130.
Action was brought to have set-back restrictions in building zone ordinance of village declared unconstitutional, insofar as it was applicable to realty of plaintiffs.
The Supreme Court, Nassau County, rendered a judgment after a nonjury trial in favor of plaintiff. The defendants appealed to the Appellate Division from such judgment. Also brought up for review was a previous order of the Supreme Court which denied summary judgment to the defendants.
The Appellate Division affirmed the judgment and order without opinion. Rabin and Hopkins, JJ., concurred in affirmance of the order but otherwise dissented and voted to reverse the judgment.
The village appealed to the Court of Appeals.
Order, insofar as it affirmed the judgment entered upon the decision at Trial Term, reversed, without costs, for the reasons stated in the dissenting opinion at the Appellate Division and the case remitted to Supreme Court, Nassau County, with directions to enter judgment in favor of defendant-appellant declaring the Building Zone Ordinance of the Incorporated Village of Hempstead constitutional insofar as it applies to the plaintiffs' property.
All concur.
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