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BAKERY SALVAGE v. CITY OF LACKAWANNA

24 N.Y.2d 643 (1969)

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

Court of Appeals of the State of New York.

Decided April 24, 1969.

Attorney(s) appearing for the Case

George M. Zimmermann for Bakery Salvage Corporation, appellant.

Andrew C. Hilton, Jr. for Town of West Seneca, appellant.

Samuel P. Simon, Corporation Counsel (John J. Olszewski of counsel), for respondent.

Chief Judge FULD and Judges BREITEL and JASEN concur with Judge BERGAN; Judges BURKE, SCILEPPI and KEATING dissent and vote to reverse on the opinion at the Trial Term.

BERGAN, J.

The ordinance of the City of Lackawanna challenged by plaintiff restricts the size of trucks operating on a residential street to five tons (10,000 pounds). The street is very narrow, from 18 to 20 feet in width, making the passage of most motor vehicles difficult. It has no sidewalks and children play extensively there. The general city area where the street is located is residential and has been...

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