Smith v. Anchorage Associates

— In an action, inter alia, for a judgment declaring unconstitutional Babylon Town Code § 213-107 entitled "F.H. Floating Home district”, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated February 25, 1986, dismissing the complaint upon the defendants’ motions.

Judgment modified, on the law, by adding a provision declaring that the plaintiffs are not entitled as a matter of law to purchase slip units at the Anchorage Yacht Club Condominium. As so modified, judgment affirmed, without costs or disbursements (see, Lanza v Wagner, 11 NY2d 317, 334,…