Legal Opinion
Hitchings v. Dixon
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1995No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action seeking to enjoin the Village of Sylvan Beach (defendant) from issuing an area variance to defendants Thomas and Kimberly Dixon, and to enjoin the Dixons from continuing to maintain their residence on property adjacent to plaintiff in violation of the Village zoning ordinance. The Dixons appeal from an order denying their motion to dismiss the complaint.
Supreme Court properly denied that motion. The action for injunctive relief is not rendered moot by the completion of construction. Further, the CPLR…
2Cases cited4 opinions
- Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
- Futerfas v. ShultisAppellate Division of the Supreme Court of the State of New York · 1994
- Ilson v. Incorporated Village of Ocean BeachAppellate Division of the Supreme Court of the State of New York · 1980
- Allen Avionics, Inc. v. Universal Broadcasting Corp.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- Nemeth v. K-ToolingAppellate Division of the Supreme Court of the State of New York · 2012
- Credit-Based Asset Servicing & Securitization, LLC v. GrimmerAppellate Division of the Supreme Court of the State of New York · 2002
- Stumpo v. DeMartinoAppellate Division of the Supreme Court of the State of New York · 2001
- Hitchings v. DixonAppellate Division of the Supreme Court of the State of New York · 1995
- Nemeth v. K-ToolingAppellate Division of the Supreme Court of the State of New York · 2012