13 A.D.2d 1012 | N.Y. App. Div. | 1961
In each action, for judgment declaring void the Building Code of the Village of Ardsley insofar as it imposes a 10-foot front yard setback restriction, to enjoin defendants from enforcing such restriction, and for other relief, defendants appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated August 30, 1960, and entered September 8, 1960, which denied their cross motion for summary judgment under rule 113 of the Rules of Civil Practice; granted plaintiffs’ motion for summary judgment; declared null and void the setback restriction insofar as it affects plaintiffs’ property; and granted plaintiffs related relief. Plaintiffs contended that the legislative source of power to establish setback lines was not section 90-a of the Village Law, pursuant to which the Building Code was enacted, but subdivision 30 of section 89 as implemented by article VI-A (§ 175 et seq.) of the Village Law; and that the conceded failure by the village, in adopting the Building Code, to