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BROOJEAN REALTY CORP. v. REIDY

32 Misc.2d 813 (1961)

Broojean Realty Corp., Plaintiff, v. Peter J. Reidy, as Commissioner of the Department of Buildings of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

December 28, 1961

Attorney(s) appearing for the Case

Jacob R. Heller for plaintiff. Leo A. Larkin, Corporation Counsel (Rose Schneph and Murray Rudman of counsel), for City of New York, defendant. Hodges, Reavis, McGrath & Downey (John P. McGrath and Reginald S. Hardy of counsel), for H. C. Bohack Co., Inc., defendant.

VINCENT A. LUPIANO, J.

Plaintiff moves for an order revoking the disputed certificate of occupancy and restraining and enjoining the defendant H. C. Bohack Co., Inc., from using the premises, subject of such certificate, for business purposes. By separate motions each of the defendants moves for dismissal of the complaint for legal insufficiency.

It is charged in the complaint that in the year 1956 the subject premises were duly zoned for residential...

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