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GARDNER v. LE BOEUF

14 Misc.2d 98 (1958)

Hope N. Gardner, Plaintiff, v. R. J. Le Boeuf, Jr. et al., Constituting the Board of Trustees of the Incorporated Village of Old Westbury, Defendants.

Supreme Court, Special Term, Nassau County.

June 20, 1958.

Attorney(s) appearing for the Case

Spraque & Stern for plaintiff.

J. Oakey McKnight for defendants.

MARCUS G. CHRIST, J.

This is a motion pursuant to rule 106 of the Rules of Civil Practice for an order dismissing the complaint for failure to state facts sufficient to constitute a cause of action.

In this action the plaintiff seeks a judgment declaring null and void the Building Zone Ordinance of the Incorporated Village of Old Westbury insofar as it restricts plaintiff's property to the uses permitted...

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