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MATTER OF WA-WA-YANDA v. DICKERSON

18 A.D.2d 251 (1963)

In the Matter of Wa-Wa-Yanda, Inc., Respondent, v. Arthur G. Dickerson, as Building Inspector of The Town of Islip, Appellant

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

April 8, 1963.

Attorney(s) appearing for the Case

George F. X. McInerney for appellant.

Milton S. Zeiberg for respondent.

UGHETTA, Acting P. J., CHRIST, BRENNAN and HOPKINS, JJ., concur.

SAMUEL RABIN, J.

The basic problem presented on this appeal is whether a town which has granted a lease on land owned in its proprietary capacity, may thereafter, by governmental action in adopting an amended zoning resolution, curtail the tenant's use of the demised premises as authorized by the leasehold agreement.

At the core of this proceeding is a written lease made on December 31, 1952 by the Town...

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