Kipp v. Incorporated Village of Ardsley

In each action, for judgment declaring void the Building Code of the Village of Ardsley insofar as it imposes a 10-foot front yard setback restriction, to enjoin defendants from enforcing such restriction, and for other relief, defendants appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated August 30, 1960, and entered September 8, 1960, which denied their cross motion for summary judgment under rule 113 of the Rules of Civil Practice; granted plaintiffs’ motion for summary judgment; declared null and void the setback restriction insofar as it affects…