MILLER v. VALLEY FORGE VIL


43 N.Y.2d 626 (1978)

Michael Miller et al., Respondents, v. Valley Forge Village, Appellant.

Court of Appeals of the State of New York.

Decided February 16, 1978.


Attorney(s) appearing for the Case

Leonard Halpern and Bernard Meyerson for appellant.

Richard Borda for respondents.

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


WACHTLER, J.

In this declaratory judgment action against the owner of a mobile home park, a small group of individuals who rent space from the defendant challenge park rules banning "For Sale" signs and restricting air-conditioner installations. Although all of the park's tenants consented to these regulations before taking occupancy, the plaintiffs contend that two rules in particular undermine broad protections...

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