MATTER OF YUM YUM HOT DOGS, INC. v. CITY OF NEW YORK


64 A.D.2d 514 (1978)

In the Matter of Yum Yum Hot Dogs, Inc., Respondent, v. City of New York et al., Appellants

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

July 6, 1978


We are in agreement with the central finding of the court at Special Term that the city clearly violated its contractual agreement when it terminated the permit previously granted petitioner, in exchange for valuable consideration, without giving the 30 days' notice explicitly required by paragraph 19 of the agreement, and that this violation under all the circumstances was arbitrary. By this affirmance we intimate no view whatever with regard to any legal issues that might...

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