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OPGAL, INC. v. BURNS

10 A.D.2d 977 (1960)

Opgal, Inc., et al., Respondents, and Press Wireless, Inc., et al., Intervening Plaintiffs-Respondents, v. John J. Burns et al., Constituting The Town Board of the Town of Oyster Bay, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 16, 1960

Judgment insofar as appealed from affirmed, with costs, on the opinion at the Special Term.

Ughetta and Kleinfeld, JJ., dissent and vote to reverse the judgment insofar as appealed from, and to dismiss said causes of action, with the following memorandum:

Plaintiffs' real property, comprising approximately 119 acres, hereinafter referred to as "the tract", is vacant and level ground comprising the bulk of a huge rectangular area bounded on the north by the...

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