Legal Opinion
Town Board of Town of Ellicott v. Lee
Appellate Division of the Supreme Court of the State of New York
Decided July 3, 1997PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action seeking a permanent injunction restraining defendants from violating the zoning ordinance of the Town of Ellicott. Supreme Court erred in granting plaintiffs’ motion for summary judgment. “Issue finding rather than issue determination is the function of the court on a motion for summary judgment” (Powell v Tarantino Foods, 234 AD2d 989, 990). The court erred in concluding that defendants had the burden of proving the existence of a…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Montante v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1992
- Powell v. Tarantino Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by3 opinions
- Auble v. DoyleAppellate Division of the Supreme Court of the State of New York · 2007
- Eighth Judicial District Asbestos Litigation v. Amatex Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Matter of 1640 State Rte. 104, LLC v. Town of Ontario Planning Bd.Appellate Division of the Supreme Court of the State of New York · 2022