WHITESTONE BRIDGE DRIVE-IN v. O'CONNELL


14 A.D.2d 51 (1961)

Whitestone Bridge Drive-in Theatre, Inc., Respondent, v. Bernard J. O'Connell, as Commissioner of Licenses of The City of New York, Appellant

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

July 6, 1961.


Attorney(s) appearing for the Case

Beatrice Shainswit of counsel (Seymour B. Quel with her on the brief; Charles H. Tenney, Corporation Counsel, attorney), for appellant.

Thomas H. McManus of counsel (Lynch & McManus, attorneys), for respondent.

RABIN, J. P., VALENTE, STEVENS, EAGER and STEUER, JJ., concur.


Per Curiam.

This is an appeal by defendant from a judgment entered August 30, 1960, pursuant to an order entered July 18, 1960, which granted plaintiff's motion for summary judgment in an action for a declaratory judgment and an injunction.

Certain facts are not in dispute. Plaintiff is the owner and operator of a drive-in motion picture theatre which can accommodate 1,500 cars. The theatre is properly licensed...

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