Legal Opinion

Pokoik v. Village of Ocean Beach

New York Supreme Court

Decided July 31, 1990PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John Copertino, J.

Motion to dismiss the second amended complaint granted; cross motion to compel service of an answer denied as moot.

This is an action seeking a declaration that section 145-9 of chapter Í45 of the Ocean Beach Code, as amended by Local *317Laws, 1990, No. 3 of the Village of Ocean Beach, is null and void (CPLR 3001). Plaintiff also seeks a declaration that "Local Law 3 of 1990 is in violation of 42 USC § 1983,” an injunction against enforcement of the new law, money damages and a reasonable attorney’s fee.

The bases of the present motion are that the pleading…

2Cases cited6 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  3. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  4. Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
  5. Prashker v. United States Guarantee Co.New York Court of Appeals · 1956

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Pokoik v. Village of Ocean BeachAppellate Division of the Supreme Court of the State of New York · 1992

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