EMERMAN v. CITY OF YONKERS


37 A.D.2d 604 (1971)

Irwin Emerman, Doing Business under the Name Tumarkin, Morgan & Emerman, Appellant, v. City of Yonkers, Respondent

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

June 21, 1971


Order and judgment affirmed insofar as appealed from, with a single bill of $10 costs and disbursements.

No opinion.

Munder and Shapiro, JJ., dissent and vote (1) to modify the order by striking therefrom the fourth and fifth decretal paragraphs, which granted defendant's cross motion, and to substitute a provision therefor denying defendant's motion and (2) to reverse the judgment insofar as appealed from. It is our view that if the wording of paragraph 25...

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