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MAIN PRIVATE CAR SERV. v. MAYOR

71 Misc.2d 417 (1971)

Main Private Car Service, Inc., Plaintiff, v. Mayor of the City of Yonkers et al., Defendants.

Supreme Court, Westchester County.

June 7, 1971

Attorney(s) appearing for the Case

Wekstein, Friedman & Fulfree (Richard W. Fulfree of counsel), for plaintiff. Maurice F. Curran, Corporation Counsel (Eugene J. Fox of counsel), for defendants.

JOHN J. DILLON, J.

The plaintiff moves for a preliminary injunction, and the defendants cross-move for summary judgment dismissing the complaint. The action is for a declaratory judgment determining that General Ordinance No. 38-1970, adopted by the City of Yonkers in December of 1970, is void, and for an injunction restraining the city from enforcing the ordinance.

The ordinance in question undertakes...

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