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· 3/31/1944

De Franco v. Burwak Elevator Co.

Citations

  • 267 A.D. 903
  • 48 N.Y.S.2d 325
  • 1944 N.Y. App. Div. LEXIS 5425

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that the uniformity requirement was violated by a zoning ordinance that singled out one property to permit a use forbidden for all other parcels in the district
  • “Order reversed ... and petition granted for the reasons stated in the dissenting memorandum by Justice Leon D. Lazer at the Appellate Division”
  • despite expiration of limitations period, failure to plead statute of limitations in answer or appropriate motion entitled opposing party to judgment on merits
  • defense is waived if not pled

Source: CourtListener parenthetical corpus (CC0).

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