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  5. 38 N.Y.2d 383 (1976)
 

ILASI v. LONG BEACH

38 N.Y.2d 383 (1976)

Nicholas Ilasi, Respondent, v. City of Long Beach, Appellant.

Court of Appeals of the State of New York.

Decided January 8, 1976.

Attorney(s) appearing for the Case

Morris H. Schneider, Corporation Counsel (Benedict F. Romano of counsel), for appellant.

Christopher C. Maffucci, Jr., for respondent.

Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur with Judge JONES; Chief Judge BREITEL dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

JONES, J.

We hold that it was error for the courts below summarily to have declared unconstitutional an amendment to the Zoning Ordinance of the City of Long Beach which, while leaving undisturbed a general restriction to single-family use, expressly permitted continuation of prior existing two-family uses. We conclude that this case should have proceeded to trial.

Because of the summary disposition at...

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