General
Robert G. Elbert, Appellant, v. Village of North Hills, Henry M. Minton, as Mayor of the Village of North Hills, and Others, Respondents
264 A.D. 793·New York Supreme Court, Appellate Division·1942·NY
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Opinion
Robert G. Elbert, Appellant, v. Village of North Hills, Henry M. Minton, as Mayor of the Village of North Hills, and Others, Respondents.
[MAJORITY]
Action for declaratory judgment to have a zoning ordinance of a village declared unconstitutional in respect of plaintiff’s property. Order denying plaintiff’s motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice, and to strike out two affirmative defenses under rule 109 of the Rides of Civil Practice, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.