Legal Opinion

Inserra v. Cimino

New York Supreme Court

Decided June 25, 1958Published

1Opinion of the CourtHenry A. Hudson, J.

The defendants have moved pursuant to rules 106 and 107 of the Buies of Civil Practice to dismiss the plaintiffs’ complaint.

The action was instituted by the plaintiffs to obtain injunctive relief enjoining and restraining the defendants from constructing a dwelling upon a lot owned by the defendants which adjoins premises owned by the plaintiffs consisting of a house and lot. The plaintiffs allege that the defendants are constructing their dwelling in violation of the Zoning Ordinances of the City of Utica, being known as subdivision 3 of article 3 of the Zoning Ordinances of the City of…

2Cases cited8 opinions

  1. Marcus v. Village of MamaroneckNew York Court of Appeals · 1940
  2. Rice v. Van VrankenAppellate Division of the Supreme Court of the State of New York · 1929
  3. Locke v. PembrokeNew York Court of Appeals · 1939
  4. Bazinsky v. Kesbec, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
  5. Armstrong v. Gibson & Cushman, Inc.New York Supreme Court · 1952

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