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ATKIN'S WASTE MATERIALS v. MAY

34 N.Y.2d 422 (1974)

Atkin's Waste Materials, Inc., Appellant, v. Stephen May et al., Constituting the Common Council of the City of Rochester, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 19, 1974.

Attorney(s) appearing for the Case

James M. Hartman and Edward D. Bloom for appellant.

John D. Doyle, Corporation Counsel (Steven A. Maas and James T. Townsend of counsel), for the City of Rochester, respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and RABIN concur with Judge STEVENS; Judge JASEN dissents and votes to affirm in a separate opinion.

STEVENS, J.

Atkin's Waste Materials, Inc. has conducted scrap processing operations at the same premises in the City of Rochester since 1942. In 1964, it obtained a lease which contained a condition that plaintiff obtain a variance to conduct its scrap processing operation. Plaintiff did obtain such a variance for the duration of the lease which, by its terms, incorporated by reference the provisions of the 1964...

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