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SWAN LAKE W. CORP. v. SUFFOLK CO. W. AUTH.

20 N.Y.2d 81 (1967)

Swan Lake Water Corp., Respondent, v. Suffolk County Water Authority, Appellant.

Court of Appeals of the State of New York.

Decided June 1, 1967.

Attorney(s) appearing for the Case

Le Roy Van Nostrand, Jr. for appellant.

Melvyn Tanenbaum for respondent.

Louis J. Lefkowitz, Attorney-General (Dunton F. Tynan, Ruth Kessler Toch and Seth Towse of counsel), for Water Resources Commission of the State of New York, amicus curiæ.

Judges BURKE, SCILEPPI and BREITEL concur with Judge VAN VOORHIS; Judge BERGAN dissents and votes to reverse in an opinion in which Chief Judge FULD and Judge KEATING concur.

VAN VOORHIS, J.

The controversy arises over whether plaintiff or defendant shall serve the Brookhaven Memorial Association, Inc., hospital on the east side of Hospital Road, East Patchogue, Suffolk County. Plaintiff serves a residential area known as Pine Crest, the easterly boundary of which is the west side of Hospital Road across the street from the Brookhaven hospital which is on the east side of the same...

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