Mallary, Inc. v. City of New Rochelle

Appellate Division of the Supreme Court of New York

Mallary, Inc. v. City of New Rochelle

268 A.D. 878, 51 N.Y.S.2d 91, 1944 N.Y. App. Div. LEXIS 4011

Appellate Division of the Supreme Court of the State of New York·Decided October 23, 1944·Published·Cited by 1 cases

Opinion

In an action to restrain defendant from enforcing an ordinance compelling the removal of signs erected and maintained by plaintiff, and by others similarly situated, judgment dismissing the complaint unanimously affirmed, with costs. By the ordinance the municipality merely exercises the right to remove encroachments extending over the sidewalk, street or highway. Present— Close, P. ,J„ Hagarty, Carswell, Johnston and Lewis, JJ. [184 Misc. 66.] [See post, p. 914.]

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In an action to restrain defendant from enforcing an ordinance compelling the removal of signs erected and maintained by plaintiff, and by others similarly situated, judgment dismissing the complaint unanimously affirmed, with costs. By the ordinance the municipality merely exercises the right to remove encroachments extending over the sidewalk, street or highway. Present— Close, P. ,J„ Hagarty, Carswell, Johnston and Lewis, JJ. [184 Misc. 66.] [See post, p. 914.]

Mallary, Inc. v. City of New Rochelle, 268 A.D. 878, 51 N.Y.S.2d 91, 1944 N.Y. App. Div. LEXIS 4011 (N.Y. Ct. App. 1944).

Pincite

268 A.D. 878 (Mallary, Inc. v. City of New Rochelle) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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