Legal Opinion
Village of Hempstead v. SRA Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 17, 1994PublishedCited by 3 opinions
1Opinion of the Court
In an action for a permanent injunction barring an alleged violation of Village of Hempstead Code § 50-28 (d), the Village of Hempstead appeals from an order of the Supreme Court, Nassau County (Murphy, J.), entered April 18, 1994, which granted the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint on the ground that Village of Hempstead Code § 50-28 (d), the statute that the Village of Hempstead sought to enforce, is unconstitutional as applied to the defendants.
Ordered that the order is affirmed, with costs.
The code provision at issue prohibited the installation or…
2Cases cited7 opinions
- Modjeska Sign Studios, Inc. v. BerleNew York Court of Appeals · 1977
- People v. StoverNew York Court of Appeals · 1963
- Cromwell v. FerrierNew York Court of Appeals · 1967
- Niagara Recycling, Inc. v. Town of NiagaraAppellate Division of the Supreme Court of the State of New York · 1981
- Suffolk Outdoor Advertising Co. v. HulseAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by3 opinions
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- Orange & Rockland Utils. v. Village of Kiryas JoelNew York Supreme Court, Orange County · 2004