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NOLAN v. CITY OF YONKERS

15 Misc.2d 828 (1954)

Dan C. Nolan, Jr. et al., on Behalf of Themselves and All Other Residents or Property Owners in the Towns of Greenburgh and Eastchester and City of Yonkers Similarly Situated, Plaintiffs, v. City of Yonkers et al., Defendants.

Supreme Court, Westchester County.

November 23, 1954.

Attorney(s) appearing for the Case

Sugarman, Kuttner & Fuss for Walter Jaffe and another, plaintiffs.

Gerald Fitzgerald for Town of Greenburgh, plaintiff.

Leon Leighton for Dan C. Nolan, Jr., and others, plaintiffs.

J. Raymond Hannon, Corporation Counsel, for defendants.

ARTHUR D. BRENNAN, J.

This representative action was instituted on behalf of several plaintiffs in 1949 in which they sought to enjoin the defendants from violating the Zoning Ordinance of the defendant city in the utilization of certain property (owned by the defendant city and located on the easterly side of Central Avenue) for the purpose of a refuse dumping ground. At that time the subject property was located...

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