New York Trap Rock Corp. v. Town of Clarkstown

Action to have a zoning ordinance of the Town of Clarkstown declared invalid and) to have a portion of the ordinance declared to be inapplicable to certain real property of the plaintiff. The defendants interposed an affirmative defense to the effect that the operations of the plaintiff constituted a nuisance; invoked the pleaded new matter as a counterclaim and sought judgment enjoining the plaintiff from operating a quarry on its property in the town of Clarkstown. Order denying plaintiff’s motion to strike out the defense and dismiss the counterclaim contained in defendants’ amended answer…