Arverne Bay Construction Co. v. Thatcher

Plaintiff seeks to have declared unconstitutional an amendment of the Building Zone Resolution of the City of New *483York in so far as it restricts plaintiff’s premises to residence use. Defendants appeal from the order denying their motion for summary judgment.

Although this motion was made pursuant to rule 113 of the Rules of Civil Practice and cannot be determined thereunder (Felberose Holding Corp. v. N. Y. Rapid Transit Corp., 244 App. Div. 427), in accordance with the request of appellants and under their prayer for “ other and further relief ” we have considered it as made pursuant to rule…