MATTER OF WAPPINGER APARTMENTS SECOND CORP. v. TOWN OF WAPPINGER


30 A.D.2d 811 (1968)

In the Matter of Wappinger Apartments Second Corp., Appellant, v. Town of Wappinger et al., Respondents

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

July 1, 1968


Affirmed, without costs.

In our opinion, petitioner has not sustained its burden of showing a clear legal right to the relief requested. While we have treated petitioner's affidavit as a reply to respondent's affirmative defenses, we hold that no issues of fact exist requiring a trial. We find that there is a reasonably suitable alternative access from petitioner's property to the public highways (cf. Matter of Syosset Ind. Bldrs. v. Town of Oyster Bay Highway...

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