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Mobil Oil Corporation v. Town of N. Hempstead

Appellate Division of the Supreme Court of New York, Second Department
Aug 8, 1977
59 A.D.2d 551 (N.Y. App. Div. 1977)

Opinion

August 8, 1977


In an action to, inter alia, declare a local law, which prohibits self-service gasoline service stations, to be invalid on its face, the parties cross-appeal from an order of the Supreme Court, Nassau County, dated September 8, 1976, which, upon defendant's motion to dismiss the complaint (1) declared the local law valid and constitutional and (2) enjoined the enforcement of that law as against the plaintiff's existing self-service gasoline service station. Order reversed, on the law, without costs or disbursements, and motion denied. Special Term committed error in treating the defendant's motion to dismiss the complaint as one for summary judgment. It did not "provide adequate notice to the parties, and thus give them an opportunity to make an appropriate record" (Rovello v Orofino Realty Co., 40 N.Y.2d 633, 635). Moreover, the information submitted to the court on the motion supplied it with insufficient factual data upon which to make a summary determination. Accordingly, a trial is mandated as to the validity of the ordinance in question as applied to plaintiff. Hopkins, J.P., Martuscello, Margett and O'Connor, JJ., concur.


Summaries of

Mobil Oil Corporation v. Town of N. Hempstead

Appellate Division of the Supreme Court of New York, Second Department
Aug 8, 1977
59 A.D.2d 551 (N.Y. App. Div. 1977)
Case details for

Mobil Oil Corporation v. Town of N. Hempstead

Case Details

Full title:MOBIL OIL CORPORATION, Appellant-Respondent, v. TOWN OF NORTH HEMPSTEAD…

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

Date published: Aug 8, 1977

Citations

59 A.D.2d 551 (N.Y. App. Div. 1977)

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