Opinion
Argued June 5, 1941
Decided July 29, 1941
Appeal from the Supreme Court, Appellate Division, First Department, SHIENTAG, J.
William F. Walsh, Robert L. Levine and Abraham Greenbush for appellants.
William C. Cannon, Arthur H. Haaren and Harold W. Bissell for respondent.
Judgment affirmed, with costs, on the ground that the use of defendant's premises for commercial parking of more than five motor vehicles is lawful (see Matter of Boardwalk and Seashore Corp. v. Murdock, 286 N.Y. 494, decided herewith), and that, therefore, there is no basis for granting injunctive relief. No opinion. (See 286 N.Y. 723.)
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.