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CITY OF BUFFALO v. ROADWAY TR. CO.

303 N.Y. 453 (1952)

City of Buffalo, Appellant, v. Roadway Transit Company et al., Respondents.

Court of Appeals of the State of New York.

Decided January 24, 1952

Attorney(s) appearing for the Case

Fred C. Maloney, Corporation Counsel (Herbert B. Forbes of counsel), for appellant.

James R. Ulsh for Roadway Transit Company, respondent.

Louis W. Manchester for Alfred B. Dexter, respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.

FROESSEL, J.

The City of Buffalo seeks to restrain defendants from using certain premises in alleged violation of the zoning ordinances (Ordinances of the City of Buffalo, ch. LXX).

The premises in question are leased by defendant Roadway Transit Company (hereinafter called Roadway) from defendant Dexter. The lease permits Roadway "to use the said premises hereby let and for the term of this lease for...

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