City of New York v. Nadler

Order and judgment (one paper), Supreme Court, New York County (Martin Shulman, J.), entered on or about October 25, 2001, which granted David Hayim’s motion for summary judgment, and directed the issuance of an order directing the return of a food vending cart, and denied the City’s cross motion for summary judgment, unanimously reversed, on the law, without costs, Mr. Hayim’s motion denied, and the City’s cross motion granted, and the matter remanded for further proceedings including the entry of judgment in favor of appellant City of New York.

Having established at an administrative hearing…