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CONG. EMUNATH ISRAEL v. OFF TR. BTG.

69 Misc.2d 781 (1972)

Congregation Emunath Israel, Plaintiff, v. New York City off-Track Betting Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

April 13, 1972

Attorney(s) appearing for the Case

Gelbwaks & Pollack (Aaron Gelbwaks and Miles Pollack of counsel), for plaintiff. J. Lee Rankin, Corporation Counsel (Edward S. Schubert of counsel), for defendants. Sidney Siller for Fur Centre Synagogue and another.

ARNOLD L. FEIN, J.

This is a motion by an orthodox Hebrew Congregation to enjoin pendente lite the New York City Off-Track Betting Corporation (OTB) from maintaining and operating an off-track branch betting office, at premises 244-246 West 23rd Street, Manhattan, located 38 feet from plaintiff's synagogue.

Plaintiff contends that the operation and maintenance of a betting establishment in such location violate the zoning resolution. Plaintiff...

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