Incorporated Village of Muttontown v. Friscia

In this action to enjoin the defendants from using the stable on their premises, such use aEeged by plaintiff village to be in violation of the Village Zoning Ordinance, defendants’ motion for summary judgment dismissing the complaint is denied. 'Plaintiff’s cross motion to grant summary judgment in its favor and to dismiss the first affirmative defense contained in the amended answer is granted in part and denied in part, in accordance with the short-form order signed herewith.

Defendants’ property was, until 1954, located within the unincorporated area of the Town of Oyster Bay and subject…