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CITY OF YONKERS v. RENTWAYS, INC.

304 N.Y. 499 (1952)

City of Yonkers, Respondent, v. Rentways, Inc., Defendant, and Devonshire Lane Service, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided December 5, 1952

Attorney(s) appearing for the Case

Eugene L. Bondy and Bertram Braufman for appellants.

J. Raymond Hannon, Corporation Counsel (John Preston Phillips of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FROESSEL, JJ., concur.

FULD, J.

The present action was brought by the City of Yonkers to restrain and enjoin defendants, owners and lessees of a garage, from using residential land in asserted violation of a Building Zone Ordinance enacted by the city in 1928 (General Ordinance No. 11 — 1928). The garage is located in a business district, on Lot 46 which faces Riverdale Avenue. Immediately to the rear of Lot 46 is a vacant and...

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