Mallary, Inc. v. City of New Rochelle

268 A.D. 878 | N.Y. App. Div. | 1944

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.]