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MATTER OF JAMAICA RECYCLING CORP. v. CITY OF NEW YORK

38 A.D.3d 398 (2007)

832 N.Y.S.2d 40

In the Matter of JAMAICA RECYCLING CORP. et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 22, 2007.

Petitioners Allocco Recycling, Inc., East Bay Recycling, Inc., Fontana Transfer Station, Inc., Fontana Waste Transfer, Inc., and USA Recycling, Inc. contend that "the Zoning Law is the controlling authority as to what uses ... owners may make of their property in a given district" (Matter of Goelet v Moss, 248 App Div 499, 500 [1936], affd 273 N.Y. 503 [1937]). However, in Local Law No. 40 (1990) of the City of New York, the New York City Council specifically...

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