Town of North Hempstead v. White

Defendant moves for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, dismissing the complaints of plaintiffs in both actions and granting judgment to him on his affirmative defenses and counterclaims which seek to restrain plaintiffs from interfering with what he claims to be a legal nonconforming use of his premises, as well as a judgment declaring the zoning ordinance unconstitutional and void insofar as it affects his property. The principal facts are undisputed.

Defendant, a dentist, purchased a residence on Rolling Hill Road, Manhasset, in 1946, thereafter engaging…