It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying defendant's cross motion to the extent that it sought dismissal of the declaratory judgment causes of action, reinstating those causes of action, and granting judgment in favor of defendant as follows:
it is adjudged and declared that section 170-13 of defendant's Zoning Ordinance is valid and enforceable and as modified the judgment is affirmed without costs.
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