Lotempio v. City of Niagara Falls

The plaintiff commenced an action against defendants herein, and it appears from the summons and complaint and moving affidavits that for the past few years plaintiff has been and is engaged in the retail business of selling groceries, fruits, vegetables, delicatessen goods, eggs, milk, beer and ale in the city of Niagara Falls, N. Y.

Plaintiff claims to have a large investment in the rentals, stock in trade, tracks and equipment amounting to approximately $5,000, and he further claims he serves from 500 to 700 customers or residents of said city, as well as numerous tourists.

On the 22d day of…