Legal Opinion

Mallary, Inc. v. City of New Rochelle

Appellate Division of the Supreme Court of the State of New York

Decided October 23, 1944PublishedCited by 1 opinion

1Opinion 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.]

2Cases cited1 opinion

  1. Mallary, Inc. v. City of New RochelleNew York Supreme Court · 1944

3Cited by1 opinion

  1. Montagna v. O'HAGANDistrict Court, E.D. New York · 1975