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KRAUSHAAR & SON, INC. v. CITY OF NEW YORK

286 A.D. 1094 (1955)

Kraushaar & Son, Inc., Respondent, v. City of New York et al., Appellants, and Emalie P. Heckard et al., Intervenors-Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 1955.

Judgment affirmed, with costs.

No opinion.

Nolan, P. J., dissents and votes to reverse the judgment and to dismiss the complaint, with the following memorandum:

The evidence adduced is insufficient to establish that the Zoning Resolution of the City of New York, as amended, insofar as it affects plaintiff's property, is unconstitutional. The suitability of plaintiff's property for the uses to which it is limited is fairly debatable. Under...

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