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TOWN OF EASTCHESTER v. KOCH

282 A.D. 748 (1953)

Town of Eastchester, Appellant, v. Jerome A. Koch, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 29, 1953.

Judgment reversed on the law and the facts, without costs, and judgment directed for appellant declaring its right to establish a free parking space for the use of the general public.

Findings of fact inconsistent herewith are reversed and new findings will be made as indicated herein. By the establishment of a free parking space for the use of the general public, the town is not engaging in business, and hence is not violating...

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