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FIELDSTON APTS. v. CITY OF N. Y.

7 Misc.2d 147 (1955)

Fieldston Garden Apartments, Inc., Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, Bronx County.

November 10, 1955.

Attorney(s) appearing for the Case

Shanley & McKegney for plaintiff.

Peter Campbell Brown, Corporation Counsel (Rose Schneph of counsel), for City of New York and others, defendants.

Kaplan, Kilsheimer & Buckley for Simon B. Zelnik, defendant.

GEORGE TILZER, J.

In this action for declaratory judgment and injunction, the defendants move to dismiss the complaint under rule 113 of the Rules of Civil Practice. The action was instituted by the plaintiff to declare illegal and unconstitutional an amendment to the zoning law of the City of New York known as CP 10780, unanimously adopted by the City Planning Commission on June 2, 1954, and unanimously approved...

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