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CONTINO v. INC. VILL. OF HEMPSTEAD

27 N.Y.2d 701 (1970)

Margaret Contino et al., Respondents, v. Incorporated Village of Hempstead, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 1, 1970.

Attorney(s) appearing for the Case

Saul Horowitz, Corporation Counsel, for appellant.

Daniel S. Lerner and Melvin B. Lippe for respondents.

All concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order, insofar as it affirmed the judgment entered upon the decision at Trial Term, reversed, without costs, for the reasons stated in the dissenting opinion at the Appellate Division, and the case remitted to Supreme Court, Nassau County, with directions to enter judgment in favor of defendant-appellant declaring the Building Zone Ordinance of the Incorporated Village of Hempstead constitutional insofar as it applies to the plaintiffs...

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