Bakery Salvage Corp v. City of Lackawanna

• Decision Date: 28 May 1969
• Citation: Bakery Salvage Corp v. City of Lackawanna, 302 N.Y.S.2d 845, 24 N.Y.2d 1025 (N.Y. 1969)
• Parties: , 250 N.E.2d 247 BAKERY SALVAGE CORPORATION, Appellant, v. CITY OF LACKAWANNA, Respondent, and Town of West Seneca, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 845

302 N.Y.S.2d 845

24 N.Y.2d 1025, 250 N.E.2d 247

BAKERY SALVAGE CORPORATION, Appellant, v. CITY OF LACKAWANNA, Respondent, and Town of West Seneca, Respondent.

Court of Appeals of New York.

May 28, 1969.

Appeal from Supreme Court, Appellate Division, Fourth Department, 30 A.D.2d 207, 291 N.Y.S.2d 104.

Corporation brought action against city and town to enjoin enforcement of city ordinance restricting size of trucks operating on residential street to 5 tons (10,000 pounds).

The Supreme Court, Erie County, 48 Misc.2d 975, 265 N.Y.S.2d 471, entered judgment enjoining enforcement of ordinance and declaring ordinance void.

The Appellate Division, 30 A.D.2d 207, 291 N.Y.S.2d 104, reversed and adjudged ordinance valid, and the Corporation appealed.

The Court of Appeals, Bergan, J., 24 N.Y.2d 643, 301 N.Y.S.2d 581, 249 N.E.2d 438, affirmed the order of the Appellate Division by a divided court and held that even though Corporation had substantial plant investment and had no access to plant except through residential street of city, Corporation's claims could not override safety of residents who sustained damage as result of Corporation's use of residential street for tractor-trailer units weighing nearly 30,000 pounds, and that ordinance was valid.

Motion was made in the Court of...