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CITY OF NY v. VICTORY VAN LINES

69 A.D.2d 605 (1979)

City of New York et al., Appellants, v. Victory Van Lines, Inc. et al., Respondents

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

July 23, 1979

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Angelo Aiosa, Francis F. Caputo and Jeffrey Schanback of counsel), for appellants.

John J. Turvey (Martin Fogelman of counsel), for respondents.

SUOZZI, J. P., COHALAN and MARTUSCELLO, JJ., concur.

MARGETT, J.

In this action to enjoin defendants from storing moving vans and other trucks on the premises of their moving and storage business, plaintiffs appeal from an order which denied their motion for summary judgment and granted defendants' cross motion for summary judgment dismissing the complaint. The ultimate issue is whether the use sought to be enjoined is a valid nonconforming use.

The order...

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