202 Developers, Inc. v. Town of Haverstraw

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Lefkowitz, J.), entered November 21, 1991 in Rockland County, which, inter alia, granted defendants’ motion for leave to serve an amended answer.

The facts underlying this action, in which plaintiff seeks a judgment declaring a 1987 zoning ordinance unconstitutional *1005as applied, are recited in our previous decision (see, 175 AD2d 473). Following remittal of this matter to Supreme Court for further proceedings, defendants moved to amend their answer to allege as a 12th…