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DELLWOOD CO. v. CITY OF NEW ROCHELLE

7 N.Y.2d 374 (1960)

Dellwood Dairy Co., Inc., Appellant, v. City of New Rochelle et al., Respondents.

Court of Appeals of the State of New York.

Decided March 3, 1960.

Attorney(s) appearing for the Case

Jules H. Enrich, Morris Golub and Sydney C. Winton for appellant.

Murray C. Fuerst, Corporation Counsel (Herman D. Schmier of counsel), for respondents.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

Per Curiam.

The sole issue is whether the presence of a coin-operated milk vending machine, installed in the basement of an apartment house located in a restricted residential zone, violates the Zoning Law of the City of New Rochelle, which prohibits any business in R-5 District except "Accessory uses customarily incident to the above uses" (New Rochelle Zoning Law, art. VII, § 1, subd. [e]). An "accessory use...

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