Heimerle v. Village of Bronxville

These two actions were tried together. Both involve the same questions. Both are brought to obtain the same relief. In the Heimerle action the plaintiffs are the owners in fee of the real property in question. In the Benedict action the plaintiffs are the lessees of the premises in possession under a lease from the owners, containing an option to purchase. Each action seeks to have it adjudged that the premises in question may be lawfully used for the purposes of an undertaking parlor or funeral home, and to restrain any interference with such use by the defendants, etc. The questions…