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BLUMBERG v. CITY OF YONKERS

41 A.D.2d 300 (1973)

Jacob Blumberg et al., Appellants, v. City of Yonkers et al., Respondents

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

March 26, 1973.

Attorney(s) appearing for the Case

Wekstein, Friedman & Fulfree (Morton N. Wekstein of counsel), for appellants.

Eugene J. Fox, Corporation Counsel (Clarence R. Eisen of counsel), for City of Yonkers and others, respondents.

Rathkopf & Rathkopf and Myron Greene (Arden Rathkopf of counsel), for Granger-Riverdale Corp. and another, respondents.

MARTUSCELLO, Acting P. J., GULOTTA, CHRIST and BENJAMIN, JJ., concur.

SHAPIRO, J.

In an action to enjoin the use of certain real property for supermarket purposes, for a declaration of the invalidity and illegality of certain general ordinances and for a declaration of the rights of the parties, the plaintiffs appeal from a judgment of the Supreme Court, Westchester County, which, after a nonjury trial, (1) dismissed the complaint, (2) adjudged that the ordinances in question had...

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