Anderson v. Town of Clarkstown , 15 A.D.2d 560 ( 1961 )

In our opinion the amended complaint fails to state a cause of action and it was properly dismissed pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. Beldock, Christ, Pette and Brennan, JJ., concur; Nolan, P. J., dissents and votes to reverse the order and to deny the motion to dismiss on the ground that the amended complaint is sufficient to state a cause of action based on spot zoning.