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Ralph's Italian Ices & Ice Cream's $300K Suit Against Mamaroneck Dismissed

Ralph's Italian Ices and Ice Cream on Boston Post Road in Mamaroneck.
Ralph's Italian Ices and Ice Cream on Boston Post Road in Mamaroneck. Photo Credit: Facebook

WESTCHESTER COUNTY, N.Y. -- A battle between Ralph's Italian Ices and the Village of Mamaroneck came to an end last week when a State Supreme Court Judge dismissed the case, according to the Village of Mamaroneck.

The suit, filed in August by Ralph's owner Scott Rosenberg, sought to allow the embattled ice cream store to reopen and for $300,000 in damages.

All of Rosenberg's claims were denied by State Supreme Court Judge Anne Minihan, and instead, upheld a July 2016 decision from the village Zoning Board of Appeals that revoked the popular ice cream shop's certificate of occupancy. The judge also agreed with the village's argument that some of the suit's claims were made past the statute of limitations.

The ruling was the second time Minihan denied the shop's effort to reopen the shop. In August, she denied the shop's emergency request to reopen.

Rosenberg's attorney Andrew Schriever had argued that the July 14 closure of Ralph's was a violation of his constitutional rights, as the village had granted Rosenberg a business permit and the illegally rescinded it after he has spent more than $300,000 to meet their demands and jumped through hoops to work with the surrounding neighborhood.

The trouble began shortly after the shop opened with certain Mamaroneck residents who were not happy with the long lines and the noise coming from the business. They took their complaints to the Zoning Board.

Rosenberg took action to try and help ease any issues by hiring extra staff, realigning the parking and expanding to the building next door.

But his efforts fell on deaf ears with the zoning board who revoked Ralph's certificate of occupancy and adopted a resolution that denied his application for a special use permit.

Both Schriever and Rosenberg did not return phone calls to comment on the decision.

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