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FABINI v. KAMMERER REALTY

14 Misc.2d 95 (1958)

Aldo Fabini et al., Plaintiffs, v. Kammerer Realty Co., Inc., et al., Defendants. Hector J. Aquilino, as Commissioner of Buildings of the City of Mount Vernon, et al., Plaintiffs, v. Kammerer Realty Co., Inc., et al., Defendants.

Supreme Court, Westchester County.

May 23, 1958.

Attorney(s) appearing for the Case

William Macy, Corporation Counsel, for plaintiffs.

Cribari, Scapolito & Sollinger for defendants.

GEORGE M. FANELLI, J.

This is a motion by plaintiffs, pursuant to rule 109 of the Rules of Civil Practice, to strike out five defenses because of legal insufficiency.

The action is brought by the City of Mount Vernon and its Building Inspector to restrain and enjoin defendants from using certain premises located in said city allegedly in violation and in contravention of the local zoning ordinances, and...

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