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O'BRIEN TRANSFER & STORAGE CO., INC. v. INC. VILL. OF GREAT NECK

2 A.D.2d 690 (1956)

O'Brien Transfer & Storage Co., Inc., Appellant, v. Incorporated Village of Great Neck et al., Respondents

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

June 11, 1956

Judgment insofar as it dismisses the first cause of action affirmed, without costs. Judgment insofar as it dismisses the second cause of action reversed, action severed, and a new trial granted on that cause of action, with costs to abide the event.

The proposed use is not within the scope of those permitted in a business use district. An application for a variance cannot be deemed a prerequisite to an attack on the constitutionality...

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