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ROSE v. CITY OF NEW ROCHELLE

19 Misc.2d 599 (1953)

Nicholas Rose, Plaintiff, v. City of New Rochelle, Defendant.

Supreme Court, Special Term, Westchester County.

January 21, 1953.

Attorney(s) appearing for the Case

Rubin & Rubin (Irving A. Rubin of counsel), for plaintiff.

Murray C. Fuerst, Corporation Counsel (John A. Bodner of counsel), for defendant.

SAMUEL W. EAGER, J.

This is an action by a property owner against the City of New Rochelle for declaratory judgment determining that a certain amendment to the city Zoning Ordinance is unconstitutional and void. The plaintiff moves under rule 109 of the Rules of Civil Practice to strike out a certain defense in defendant's answer and also moves for judgment on the pleadings under rule 112. Where a motion is made by plaintiff for judgment on the pleadings...

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