TOWN OF POUGHKEEPSIE v. HOPPER PLUMBING & HEATING CORP.


23 A.D.2d 884 (1965)

Town of Poughkeepsie, Respondent, v. Hopper Plumbing and Heating Corporation et al., Appellants

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

May 17, 1965


Order, insofar as appealed from, affirmed, without costs.

By our affirmance of the order, however, we have not reached and do not pass: (a) upon the validity or constitutionality of the challenged provisions of the town's plumbing code and ordinance; or (b) upon the merits of the action. All of the issues of law and fact are reserved for determination by the trial court upon the basis of the proof to be adduced. We now hold...

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