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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 23, 1944

StatusPublished

Cited by1 cases

This text of 268 A.D. 878 (Mallary, Inc. v. City of New Rochelle) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.]

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Bluebook (online)

268 A.D. 878, 51 N.Y.S.2d 91, 1944 N.Y. App. Div. LEXIS 4011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallary-inc-v-city-of-new-rochelle-nyappdiv-1944.

Opinion

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