Village of Upper Nyack v. Christian & Missionary Alliance

OPINION OF THE COURT

Theodore A. Kelly, J.

Defendant moves for summary judgment on the ground that the cause of action alleged in plaintiff’s complaint is without merit and must be dismissed. Plaintiff cross-moves for summary judgment in the sum of $90,503.58.

At issue is the interpretation and effect to be accorded a stipulation between plaintiff and defendant, a religious corporation, which settled and compromised litigation initiated by defendant in 1971. The litigation was in the form of a CPLR article 78 proceeding to reverse and annul a determination by the Zoning Board of Appeals of the…