Brody v. Save Way Northern Boulevard, Inc.

Defendant, Save Way Northern Boulevard, Inc., moves for an order pursuant to rule 113 of the B-ules of Civil Practice, granting said defendant summary judgment dismissing the complaint herein, upon the ground that there is no dispute as to the material facts, and that as a matter of law plaintiff’s complaint should be dismissed.

The sole real issue herein is whether a violation of a penal ordinance regulating signs at gasoline stations enacted to protect the public against misleading price advertising and conferring no civil right or remedy expressed therein can form the basis for a damage…