Majority
p. 637Town of Greenburgh, Appellant, v. Westchester Lighting Company, Respondent. (Actions Nos. 1 and 2.) (Argued June 20, 1927; decided July 20, 1927.)
Headnote
Municipal corporations — injunction — gas holders — actions to enjoin erection and maintenance of gas holder.Town of Greenburgh v. Westchester Lighting Co. (2 cases), 217 App. Div. 263 , 781, affirmed.
Appeal, in each of the above-entitled actions, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 13, 1926, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The actions were to enjoin the erection and maintenance by the defendant of a gas holder, upon the ground that it was an unlawful structure, because built and maintained without first obtaining a permit therefor from the plaintiff’s town •board, in accordance with certain regulatory health ordinances.
Julius Henry Cohen, Bernard Hershkopf, Ernest F. Griffin and Theodore B. Richter for appellant.
Chauncey B. Garver, John A. Garver and Henry R. Barrett for respondent.
Judgment in each case affirmed, with costs. Held that the gas tank was properly constructed under ordi
p. 638
nance No. 1 and a right to injunctive relief under ordinance No. 2 was not established.
Concur: Cardozo, Ch. J., Pound, Crane, Lehman and O’Brien, JJ. Absent: Andrews and Kellogg, JJ.