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JOY BLDRS., INC. v. TOWN OF CLARKSTOWN

2016-12088. Index No. 34490/15.

165 A.D.3d 1084 (2018)

87 N.Y.S.3d 60

2018 NY Slip Op 07110

Joy Builders, Inc., Appellant, v. Town of Clarkstown, Respondent.

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

Decided October 24, 2018.

Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for summary judgment on the complaint is granted, and the matter is remitted to the Supreme Court, Rockland County, for the entry of a judgment declaring that Code of the Town of Clarkstown § 254-18B is null and void as ultra vires, and that the conditions imposed upon the plaintiff arising out of that section of the Town Code are null and...

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