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  5. 56 N.Y.2d 733 (1982)
 

WHARRAM v. CITY OF UTICA

56 N.Y.2d 733 (1982)

Walter J. Wharram, Jr., et al., Doing Business as Commercial Collision, Appellants, v. City of Utica et al., Respondents.

Court of Appeals of the State of New York.

Decided May 11, 1982.

Attorney(s) appearing for the Case

Daniel S. Cohen for appellants.

Lawrence P. George, Corporation Counsel (Angelo N. Felice of counsel), for respondents.

Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur; Judge WACHTLER dissents and votes to affirm in a memorandum in which Chief Judge COOKE concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter should be remitted with direction to enter judgment declaring section 17-26.1 of the Ordinances of the City of Utica invalid because in violation of section 80 of the General Municipal Law.

The city argues that its ordinance does not violate the section but has not contested its applicability to the facts of this case. The...

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