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BAKERY SALVAGE v. CITY OF LACKAWANNA

30 A.D.2d 207 (1968)

Bakery Salvage Corporation, Respondent, v. City of Lackawanna, Appellant, and Town of West Seneca, Respondent

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

June 27, 1968.

Attorney(s) appearing for the Case

Nicholas Haragos, City of Lackawanna Attorney (John J. Olszewski of counsel), for appellant.

Merrill G. Windelberg for Bakery Salvage Corporation, respondent.

Andrew Hilton for Town of West Seneca, respondent.

BASTOW, P. J., GOLDMAN and WITMER, JJ., concur.

DEL VECCHIO, J.

This is an appeal from a judgment which declared null and void an ordinance of the City of Lackawanna prohibiting trucks over five tons in weight on Fisher Road, a residential street in the city, and enjoined enforcement of the ordinance. The judgment also dismissed plaintiff's action against the Town of West Seneca and the city's cross claim against the town. The city alone has appealed, urging...

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