Village of Baxter Estates v. G. N. M. Construction Co.

Motion by defendants pursuant to CPLR 3211 (subd. [a], par. 7) for judgment dismissing the amended complaint herein and for summary judgment pursuant to CPLR 3211 (subd. [c]) is granted.

Plaintiff village instituted this action for a permanent injunction to restrain the defendants from “ constructing or commencing the construction of a street or road” on certain property within the village limits (referred to in the complaint as “ the Premises ”) to which the corporate defendant claims title. Plaintiff asserts that such construction would be in violation of the Village Law and also section 5.0…