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GARDNER v. LE BOEUF

24 Misc.2d 511 (1960)

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.

July 14, 1960.

Attorney(s) appearing for the Case

Sprague & Stern for plaintiff. J. Oakey McKnight and Philip Huntington for defendant.

BERNARD S. MEYER, J.

This action seeks a judgment declaring that the Zoning Ordinance of the Village of Old Westbury is unconstitutional insofar as it prohibits business use of plaintiff's property. The complaint, dismissed under rule 106 of the Rules of Civil Practice at Special Term (14 Misc.2d 98), was held sufficient by the Appellate Division (8 A...

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