Whitestone Bridge Drive-In Theatre, Inc. v. O'Connell

This is an appeal by defendant from a judgment entered August 30, 1960, pursuant to an order entered July 18, 1960, which granted plaintiff’s motion for summary judgment in an action for a declaratory judgment and an injunction.

Certain facts are not in dispute. Plaintiff is the owner and operator of a drive-in motion picture theatre which can accommodate 1,500 cars. The theatre is properly licensed under the provisions of article 4 of chapter B32 of the Administrative Code of the City of New York.

In conjunction with the theatre plaintiff maintains or operates a fenced-in playground containing…