City of Buffalo v. Bucholtz Aviation, Inc.

— Order unanimously modified on the law to grant judgment in accordance with memorandum herein and as modified affirmed without costs. Memorandum: Plaintiff moved for summary judgment declaring that defendant is operating a heliport within the limits of the City of Buffalo in violation of General Business Law § 249. Plaintiff also seeks a permanent injunction enjoining the heliport operation. Defendant cross-moved for summary judgment seeking, inter alia, a declaration that the heliport was lawfully established pursuant to an ordinance of the City of Buffalo then in effect (see, former…