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NAMRO HOLDING CORP. v. CITY OF N. Y.

17 A.D.2d 431 (1962)

Namro Holding Corp., Appellant, v. City of New York et al., Respondents

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

December 20, 1962.

Attorney(s) appearing for the Case

Abraham Engelman of counsel (Millard E. Theodore, attorney), for appellant.

Alfred Weinstein of counsel (Seymour B. Quel and Sidney Bremer with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for respondents.

BREITEL, J. P., and EAGER, J., concur with McNALLY, J.; VALENTE, J., dissents in opinion in which STEVENS, J., concurs.

McNALLY, J.

In an action for a declaratory judgment plaintiff appeals from an order denying its motion for summary judgment and granting summary judgment dismissing the complaint and the judgment thereon entered.

The question presented is whether rule 2.5 of the Factory Exit Rules adopted by the Board of Standards and Appeals of the City of New York to effectuate the provisions of sections 270 and 271...

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