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Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance
Delvecchio v. Collins 178 A.D.3d 1336 AppDiv, Third Dept. (Opinion by Pritzker, J.)
In homeowner's action against neighboring operator of a stone and landscaping supply business, business owner appealed from Supreme Court's denial of its motion for summary judgment on homeowner's claims for nuisance and violation of the town's zoning law. The Appellate Division modified to dismiss the claim for punitive damages, but otherwise affirmed, holding that homeowner's allegations raised question of fact on both of his claims.
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