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PEOPLE v. CULLY REALTY

109 Misc.2d 169 (1981)

The People of the State of New York, Appellant, v. Cully Realty, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

June 18, 1981

Attorney(s) appearing for the Case

Martin J. Kerins, Town Attorney (Francis L. Bosco of counsel), for appellant. Phillip William Rogers for respondent.

Concur: FARLEY, P. J., and GEILER, J.; O'GORMAN, J., taking no part.

MEMORANDUM.

Order reversed, on the law, information reinstated and matter remanded for all further proceedings.

Defendant was charged with improperly conducting a real estate business in a residential zone. Defendant, through its sole stockholder, admitted conducting such a business but claimed that it was a valid accessory use by virtue of a provision which permitted "a physician, lawyer, architect, teacher or similar professional person residing on the premises...

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