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STREB v. CITY OF ROCHESTER

32 Misc.2d 29 (1961)

Fred C. Streb, Doing Business under the Name of Ayer and Streb et al., Plaintiffs, v. City of Rochester et al., Defendants.

Supreme Court, Special Term, Monroe County.

December 29, 1961

Attorney(s) appearing for the Case

Remington, Gifford, Willey & Williams (Clarence M. Gifford of counsel), for Fred C. Streb and another, plaintiffs. Joshua Edelman for Louric Realty Corporation, plaintiff. James H. Boomer, Corporation Counsel (Stephen K. Pollard of counsel), for defendants.

CLARENCE J. HENRY, J.

Underlying herein is a pending action against the defendants, appropriate officers of the City of Rochester, whereby the plaintiffs seek a declaratory judgment and a permanent injunction on the ground that certain successively adopted ordinances of the city prohibiting the use of so-called "rope-geared, hydraulic elevators" for passenger service are unconstitutional.

The latest of the prohibitory ordinances (Ordinance No...

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