Town of Cortlandt v. McNally

Plaintiff appeals from an order granting defendant’s motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice, dismissing the complaint and from the judgment entered thereon. The action was brought to enjoin defendant from making any alterations or additions to a building on land owned by her and situated within the unincorporated section of" the town of Cortlandt. Prior to the adoption of a zoning ordinance by plaintiff’s town board, defendant had constructed a building on her land which she operated as a grocery store. Her property consists of a triangular lot bounded…