Town of Binghamton v. Gillett

Robert 0. Brink, J.

This is a motion pursuant to CPLR 3212 in which the plaintiff, Town of Binghamton, moves for a summary judgment in an action seeking to enjoin the defendants from maintaining and/or occupying a trailer on defendants’ land.

The complaint alleges two causes of action. The first alleges that the defendants have not obtained a building permit or a certificate of occupancy as required by subdivisions B and C of section 902 of the Zoning Ordinance of the Town of Binghamton. The second cause of action alleges that section 306 of the Zoning Ordinance prohibits the use of land in R-2…