Legal Opinion
Fabini v. Krammerer Realty Corp.
New York Supreme Court
Decided May 23, 1958PublishedCited by 6 opinions
1Opinion of the CourtGeorge M. Fanelli, J.
This is a motion by plaintiffs, pursuant to rule 109 of the Rules of Civil Practice, to strike out five defenses because of legal insufficiency.
The action is brought by the City of Mount Vernon and its Building Inspector to restrain and enjoin defendants from using certain premises located in said city allegedly in violation and in contravention of the local zoning ordinances, and compelling them to remove from the buildings certain machinery and industrial equipment.
The first affirmative defense pleaded by defendants is “ that prior to the adoption of the 1922 Zoning Ordinance by the City of…
2Cases cited3 opinions
- People v. MillerNew York Court of Appeals · 1952
- City of Yonkers v. Rentways, Inc.New York Court of Appeals · 1952
- Town of Eastchester v. NobleNew York Supreme Court · 1956
3Cited by6 opinions
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- 1050 Tenants Corp. v. LapidusAppellate Division of the Supreme Court of the State of New York · 2001
- Jackson v. Kenai Peninsula Borough Ex Rel. City of KenaiAlaska Supreme Court · 1987
- Capruso v. Village of Kings PointAppellate Division of the Supreme Court of the State of New York · 2010
- Wieck v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1978
1 more not listed; retrieve them via the Exa API.