KEMPNER v. PATSY BELLO NURSERIES, INC.


31 A.D.2d 748 (1969)

Seymour Kempner, Doing Business as Homecrest Landscaping and Nurseries, Respondent, v. Patsy Bello Nurseries, Inc., et al., Appellants

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

January 13, 1969


Order reversed, on the law, and motion denied, with $10 costs and disbursements.

No questions of fact have been considered. A private party may not obtain an injunction to restrain the violation of a zoning ordinance in the absence of proof of special damage. The only allegation of damage herein is of the loss of business due to direct economic competition. Even if true, this is not an allegation of the sort of special damage which justifies the granting of such an...

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