General

Mallary, Inc., Individually and in Behalf of All Other Persons Similarly Situated, Appellant, v. City of New Rochelle, Respondent. (Action No. 2.)

268 A.D. 878·New York Supreme Court, Appellate Division·1944·NY

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Opinion

Mallary, Inc., Individually and in Behalf of All Other Persons Similarly Situated, Appellant, v. City of New Rochelle, Respondent. (Action No. 2.) [MAJORITY] 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.]