MATTER OF SYOSSET INDUS. BUILDERS, INC. v. TOWN OF OYSTER BAY HIGHWAY DEP'T


24 A.D.2d 763 (1965)

In the Matter of Syosset Industrial Builders, Inc., Respondent, v. Town of Oyster Bay Highway Department et al., Appellants

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

October 18, 1965


Judgment reversed on the law and the facts, with costs, and the matter remitted to Special Term for trial, pursuant to CPLR 7804 (subd. [b]) on the issues presented by the pleadings and accompanying papers.

In our opinion, issues of fact exist as to (1) whether the conveyance of the land abutting Willets Lane to petitioner was bona fide; (2) if so, whether the petitioner had an easement over the land of the grantor which would afford reasonably suitable access to...

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