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FRIEDLAND v. DIAMOND

67 Misc.2d 642 (1971)

Sol Friedland, Plaintiff, v. Michael Diamond, as Mayor of the Village of Wurtsboro, et al., Defendants.

Supreme Court, Special Term held in Ulster County for Sullivan County.

September 15, 1971

Attorney(s) appearing for the Case

Weinsoff, Weinsoff & Weinsoff (Herbert Weinsoff of counsel), for plaintiff. Samuel W. Eager, Jr., Village Attorney, for defendants.

A. FRANKLIN MAHONEY, J.

Within the context of an action for a declaratory judgment the plaintiff moves for summary judgment. The defendants cross-move both to dismiss the complaint (CPLR 3211) and for summary judgment on undisputed facts (CPLR 3212). The facts are as follows:

On August 5, 1969 the Village of Wurtsboro in Sullivan County enacted an ordinance known as the "Village of Wurtsboro Trailer and Trailer Park Ordinance". Plaintiff made...

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