Bass Building Corp. v. Village of Pomona

— In an action, inter alia, for a judgment declaring the invalidity of a resolution of the Village of Pomona, the defendants appeal from so much of an order of the Supreme Court, Rockland County (Kelly, J.), dated April 6, 1987, as denied their motion to dismiss the complaint, and the plaintiff cross-appeals from so much of the same order as denied its application for a preliminary injunction.

Ordered that the order is modified by deleting the provision thereof denying the plaintiff’s motion and substituting therefor a provision granting the plaintiff’s motion, on condition that the plaintiff…