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PLYMOUTH BUILDERS, INC. v. VILL. OF LINDENHURST

284 A.D. 895 (1954)

Plymouth Builders, Inc., et al., Appellants, v. Village of Lindenhurst, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 11, 1954.

Judgment, insofar as appealed from, unanimously affirmed, with costs.

The second cause of action was erroneously dismissed on the ground that appellant owner, having purchased the property with knowledge of the zoning restriction, was precluded from questioning the validity thereof. (Vernon Park Realty v. City of Mount Vernon, 282 App. Div. 890, affd. 307 N.Y. 493.) In our opinion, however, the dismissal was proper, as appellants...

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