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SCHWARTZ v. LEE

28 A.D.2d 921 (1967)

Gerald Schwartz, Respondent, v. James J. Lee et al., Constituting The Board of Trustees of the Incorporated Village of Muttontown, et al., Appellants

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

July 10, 1967

Judgment reversed on the law and the facts, without costs, and judgment granted for defendants, without costs, declaring that said ordinance is constitutional as applied to plaintiff's property.

On this record, it is our opinion that plaintiff has not sustained his burden of establishing that his property is not reasonably adaptable to any use for which it is zoned. At very most, he has established only that his property...

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