Incorporated Village of Upper Brookville v. Faraco

In an action to restrain alleged violation of plaintiff’s Building Zone Ordinance, defenses attacking the constitutionality of the ordinance were interposed, which the court and the plaintiff have considered as counterclaims. The court dismissed the complaint on the merits and directed judgment in favor of defendants on the counterclaims declaring unconstitutional, in part, a provision of the ordinance. Plaintiff appeals from the judgment entered on the court’s decision. Judgment reversed on the law and the facts, with costs, and action remitted to Special Term for further proceedings not…