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MATTER OF FAM v. SHAPIRO

15 N.Y.2d 174 (1965)

In the Matter of Albert Fam, Appellant, v. Frank Shapiro et al., Respondents.

Court of Appeals of the State of New York.

Decided February 11, 1965.

Attorney(s) appearing for the Case

Leo F. McGinity for appellant.

Philip T. Feiring for Frank Shapiro and others, respondents.

John A. Morhous, Town Attorney (George B. Schneider of counsel), for Town of Hempstead, respondent.

Chief Judge DESMOND and Judges VAN VOORHIS and BURKE concur with Judge SCILEPPI; Judges DYE, FULD and BERGAN dissent and vote to affirm upon the following ground: Under all of the circumstances in this case we believe the Appellate Division was correct in finding that the proposed taking is neither necessary nor for a public purpose.

SCILEPPI, J.

Petitioner, the owner of two parcels of land designated as Lots 81 and 99 on the Tax Map of Nassau County, has access to and from his property on the east side thereof by means of a corridor 21 feet in width, which abuts on Verity Lane. That he can utilize and service every square foot of his property by this corridor is undisputed. In addition, he has access from the Adams Street cul-de-sac to his...

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