CARNAT REALTY, INC. v. TOWN OF BABYLON

In an action to declare void certain provisions of defendant's zoning ordinance as they apply to certain lots 5 to 9, inclusive, and part of lot 10, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated March 31, 1969, which denied plaintiff's motion for summary judgment, granted summary judgment in favor of defendant and dismissed the complaint. Order modified, on the law, by striking therefrom the second and third decretal paragraphs, which granted summary judgment in favor of defendant and dismissed the complaint. As so modified, order affirmed, without costs. From the record herein, it appears that there are issues of fact present, resolution of which may be had only after trial. Brennan, Acting P.J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.