Laura Management Corp. v. D. F. J. Realty Corp.

14 A.D.2d 743, 220 N.Y.S.2d 52, 1961 N.Y. App. Div. LEXIS 8623

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 10, 1961
• Status: Published

Opinion

An issue of fact exists as to whether plaintiff’s failure to obtain from the Common Council of the City of Yonkers the change of zone was the direct result of defendant’s default in removing or causing to be removed the barrier on the easterly end of Henderson Avenue. There may be other issues of fact, but, in any event, the issue above referred to is sufficient to require a trial. Concur— Botein, P. J., McNally, Stevens, Steuer and Noonan, JJ. [19 Misc 2d 1053.]