Appellate Division of the Supreme Court of New York, 1944

Mallary, Inc. v. City of New Rochelle

Mallary, Inc. v. City of New Rochelle
Appellate Division of the Supreme Court of New York · Decided October 23, 1944
268 A.D. 878; 51 N.Y.S.2d 91; 1944 N.Y. App. Div. LEXIS 4011
Mallary, Inc. v. City of New Rochelle

Opinion of the Court

In an action to restrain defendant from enforcing an ordinance compelling the removal of signs erected and maintained by plaintiff, and by others similarly situated, judgment dismissing the complaint unanimously affirmed, with costs. By the ordinance the municipality merely exercises the right to remove encroachments extending over the sidewalk, street or highway. Present— Close, P. ,J„ Hagarty, Carswell, Johnston and Lewis, JJ. [184 Misc. 66.] [See post, p. 914.]

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