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TOWN OF LIMA v. SLOCUM ENTERS.

38 A.D.2d 503 (1972)

Town of Lima, Respondent, v. Robert Slocum Enterprises, Inc., et al., Appellants

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

April 19, 1972.

Attorney(s) appearing for the Case

Corcoran, Buyck, Baxter, Springer, Gerace & Fitzsimmons (James B. Fitzsimmons of counsel), for appellants.

Martin, Dutcher, Cooke, Mousaw & Vigdor (Richard S. Mayberry and Joel N. Krane of counsel), for respondent.

MARSH, J. P., GABRIELLI, CARDAMONE and HENRY, JJ., concur.

WITMER, J.

Defendants appeal from a judgment entered after trial upon stipulated facts under CPLR 3222. The judgment enjoins defendants from continuing the conduct of a retail sales business on their premises at the corner of Gale Road and Rochester Street in the plaintiff Town of Lima, except insofar as defendants conducted such business there prior to November 1, 1961, the effective date of the town zoning...

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