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MARINER'S INN v. VIL. OF NORTHPORT

39 Misc.2d 951 (1963)

Karl's Mariner's Inn, Inc., Plaintiff, v. Incorporated Village of Northport, Defendant.

Supreme Court, Special Term, Suffolk County.

July 25, 1963

Attorney(s) appearing for the Case

Cahn & Cahn for plaintiff. Richard J. Graff for defendant.

JOHN P. COHALAN, JR., J.

This is a motion for a temporary injunction incident to an action for a permanent one and for a declaratory judgment fixing the rights of the respective parties.

On July 3, 1962, defendant village enacted the following ordinance, pursuant to subdivision 44 of section 89 of the Village Law:

"Section 11a — Traffic Infraction "No person while operating or controlling a motor vehicle shall...

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