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BLUMBERG v. CITY OF YONKERS

15 N.Y.2d 791 (1965)

Jacob Blumberg et al., Respondents, v. City of Yonkers et al., Appellants.

Court of Appeals of the State of New York.

Decided February 4, 1965.

Attorney(s) appearing for the Case

Arden H. Rathkopf and John F. Trainor for Morka Realty Corporation, appellant.

Frederick J. Adler, Corporation Counsel, for remaining appellants.

Morton N. Wekstein for respondents.

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

Order affirmed, with costs, upon the memorandum at the Appellate Division.

Concur in part and Dissent in part: Judges VAN VOORHIS, BURKE and BERGAN dissent and vote to reverse and to reinstate the judgment of Special Term, Judge BERGAN in an opinion in which Judge BURKE concurs, Judge VAN VOORHIS in the following memorandum in which Judge BURKE concurs: I dissent upon the ground that the amendment to the Zoning Ordinance...

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