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Matter of County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1932
237 App. Div. 833 (N.Y. App. Div. 1932)

Opinion

December, 1932.


Order reversed on the law, with ten dollars costs and disbursements. In our opinion the learned Special Term was without power to make the order appealed from. The claimant, MacEwen, cannot, in our opinion, have the validity of the Zoning Ordinance of the City of New Rochelle determined in this proceeding. Her remedy is by the institution of an action for a declaratory judgment. (See Dowsey v. Village of Kensington, 257 N.Y. 221, 225.) Lazansky, P.J., Young, Kapper, Scudder and Tompkins, JJ., concur.


Summaries of

Matter of County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1932
237 App. Div. 833 (N.Y. App. Div. 1932)
Case details for

Matter of County of Westchester

Case Details

Full title:In the Matter of the Application of COUNTY OF WESTCHESTER by WESTCHESTER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1932

Citations

237 App. Div. 833 (N.Y. App. Div. 1932)

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