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DELLWOOD DAIRY CO., INC. v. CITY OF NEW ROCHELLE

7 A.D.2d 1026 (1959)

Dellwood Dairy Co., Inc., Respondent, v. City of New Rochelle et al., Appellants

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

March 30, 1959

Order reversed, with $10 costs and disbursements, respondent's motion denied, appellants' cross motion for summary judgment granted, and judgment vacated.

By means of the coin-operated machines a commercial enterprise for profit is being conducted in that a sale of milk for money is thereby effected. That is not a use accessory to the residence use but is itself strictly a...

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