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LONG ISLAND UNIV. v. TAPPAN

202 Misc. 956 (1952)

Long Island University, Plaintiff, v. Harry Tappan et al., Constituting The Town Board of the Town of Oyster Bay, et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 23, 1952.

Attorney(s) appearing for the Case

Francis A. McGrath for plaintiff.

Theodore V. Summers for Harry Tappan and others, constituting the Town Board of the Town of Oyster Bay, defendants.

W. Shelby Coates, Jackson A. Dykman and Augustus J. Wheeler for Thomas H. Choate and others, constituting the Village Board of Trustees of the Village of Brookville, defendants.

J. Oakey McKnight for Village of Old Westbury, amicus curiæ.

C. A. JOHNSON, J.

This action, originally brought to restrain the annexation of territory to the village of Brookville, has, by virtue of events transpiring since its inception, been transmuted into an action for a declaratory judgment. It is the latest step in the resistance of certain residents of the town of Oyster Bay to the endeavors of the plaintiff, Long Island University, a domestic educational corporation...

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