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WEST BRONX AUTO PAINT SHOP, INC. v. CITY OF NEW YORK

13 N.Y.2d 730 (1963)

West Bronx Auto Paint Shop, Inc., et al., Appellants, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 6, 1963.

Attorney(s) appearing for the Case

Grete Gluck for appellants.

Leo A. Larkin, Corporation Counsel (John A. Murray and Seymour B. Quel of counsel), for respondents.

Concur: Chief Judge DESMOND and Judges DYE, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents in the following opinion in which Judge FULD concurs.

Judgment of Appellate Division modified and matter remitted to Special Term with directions to enter a new judgment omitting the fourth decretal paragraph of its prior judgment upon the ground that the paragraph is too broad and sweeping, and, as so modified, affirmed, without costs, upon the opinion at Special Term.

VAN VOORHIS, J. (dissenting).

One may assume, perhaps, that these plaintiffs-appellants will somehow work out the problems of their...

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