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NEMEROFF REALTY CORP. v. KERR

38 A.D.2d 437 (1972)

Nemeroff Realty Corp. et al., Respondents, v. George Kerr, as Director of Planning of The Town of Huntington, et al., Appellants

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

April 5, 1972.

Attorney(s) appearing for the Case

Nicholas La Carrubba, Town Attorney (Frank J. Mack of counsel), for appellants.

Corwin & Matthews (Charles T. Matthews of counsel), for respondents.

RABIN, P. J., MARTUSCELLO, LATHAM and SHAPIRO, JJ., concur.

HOPKINS, J.

Petitioner 110 Manno Realty Corp. (hereinafter called "Manno") owns a parcel of 23 acres in the Town of Huntington. It has engaged in considerable litigation with the town since 1968 concerning the proper zoning of its property and has obtained a judgment that its property is zoned as a Planned Shopping Center District.1

In April, 1971 Manno contracted to sell...

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