FISHMAN v. TOWN OF ISLIP


20 Misc.2d 180 (1959)

David S. Fishman et al., Plaintiffs, v. Town of Islip et al., Defendants.

Supreme Court, Special Term, Suffolk County.

August 18, 1959.


Attorney(s) appearing for the Case

Harry F. X. Hammer for plaintiffs.

George F. X. McInerney for Town of Islip, defendant.


FRED J. MUNDER, J.

This is an action for declaratory judgment in which the plaintiffs seek to enforce a certain restrictive covenant which allegedly affects land now owned by the Town of Islip and maintained as a public bathing beach, upon which it proposes to erect a public comfort station to conform with the requirements of the Public Health Law. On the theory that the restrictive covenant referred to does not prohibit the maintenance of a public beach...

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