Hopewell Gardens, Inc. v. Town of East Fishkill

This motion for a judgment dismissing the amended answer herein in the above matter on the grounds that said amended answer fails to state a defense and that said amended answer has no merit as a matter of law is denied. Defendants’ cross motion for an order (1) denying plaintiff’s application in its entirety, and (2) granting defendants’ cross motion for summary judgment dismissing the complaint herein for lack of merit pursuant to CPLR 3212, is granted.

In this action for a declaratory judgment, the plaintiff sues to declare unconstitutional the Zoning Ordinance of the Town of East Fishkill,…