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JACKSON & PERKINS CO. v. MARTIN

12 N.Y.2d 1082 (1963)

Jackson and Perkins Company, Appellant, v. Constantine B. Martin et al., Respondents.

Court of Appeals of the State of New York.

Decided April 4, 1963.

Attorney(s) appearing for the Case

T. Carl Nixon and Frederick W. McNabb, Jr., for appellant.

Richard C. Mitchell for respondents.

Avery B. Robinson and Francis D. McCurn for Village of Newark, amicus curiæ.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.

Judgment reversed and that of the Supreme Court, Wayne County, reinstated except as to the stricken provision for money damages as alternative relief, with costs in this court and in the Appellate Division. We agree for reversal for the reasons stated in the dissenting opinion in the Appellate Division except that in so concurring we make no determination as to the legality or illegality of the present maintenance in the village of individual trailers not in trailer camps...

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