Sloane v. Weber

Order unanimously modified in accordance with memorandum and as modified affirmed, without costs. Memorandum: Plaintiffs, as owners of real property adjacent to commercially rezoned premises, commenced this action against the defendants, members of the Town Board of Cheektowaga. Pursuant to CPLR 3001 plaintiffs sought a judgment declaring the board’s approval of the rezoning application unconstitutional. After service of a notice for examinations before trial, defendants moved for a protective order and for summary judgment. The court erred in denying in part the motion for a protective order…