TN. OF GREENBURGH v. BOBANDAL REALTIES


10 N.Y.2d 414 (1961)

Town of Greenburgh, Respondent, v. Bobandal Realties, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided December 7, 1961.


Attorney(s) appearing for the Case

John T. De Graff, Sol. D. Greenstien, William F. Conway and Thomas F. Conneally, Jr., for appellants.

Charles J. Costabell for respondent.

Judges VAN VOORHIS, BURKE and FOSTER concur with Judge FROESSEL; Chief Judge DESMOND dissents in an opinion in which Judges DYE and FULD concur.


FROESSEL, J.

This action stems from an attempt by respondent, Town of Greenburgh, to enjoin appellants from using two parcels of land (37A and 19A), owned by the corporate appellant, Bobandal Realties, Inc., for purposes allegedly not permitted uses under the town's present zoning ordinance.

We are presented with the affirmed finding of fact — and it is undisputed — that appellant Bobandal...

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