Bakery Salvage Corp. v. City of Lackawanna
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtDel Vecchio, J.
This is an appeal from a judgment which declared null and void an ordinance of the City of Lackawanna prohibiting trucks over five tons in weight on Fisher Road, a residential street in the city, and enjoined enforcement of the ordinance. The judgment also dismissed plaintiff’s action against the Town of West Seneca and the city’s cross claim against the town. The city alone has appealed, urging error in the lower court’s determination of invalidity.
Fisher Road in the City of Lackawanna is a two-lane highway extending from Abbott Road easterly, for a distance of two blocks, or about 1,000…
2Cases cited7 opinions
- South Carolina State Highway Department v. Barnwell Bros.Supreme Court of the United States · 1938
- Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- Fifth Avenue Coach Co. v. City of New YorkSupreme Court of the United States · 1911
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3Cited by4 opinions
- (1971), Wisconsin Attorney General Reports1971
- Dibble v. Town of RipleyNew York Supreme Court · 1984
- White Plains Automotive Supply Co. v. City of PeekskillAppellate Division of the Supreme Court of the State of New York · 1983
- Intrastate Trucking Corp. v. WhiteAppellate Division of the Supreme Court of the State of New York · 1992