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MTR. OF DAUERNHEIM v. TOWN BD.

42 A.D.2d 251 (1973)

In the Matter of Dauernheim, Inc., Appellant, v. Town Board of the Town of Hempstead et al., Respondents

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

July 9, 1973.

Attorney(s) appearing for the Case

Carlino, Pearsall & Soviero, P. C. (Joseph F. Carlino of counsel), for appellant.

George C. Pratt (Samuel S. Tripp of counsel), for respondents.

MARTUSCELLO, Acting P. J., CHRIST, BRENNAN and BENJAMIN, JJ., concur.

GULOTTA, J.

The plaintiff is the owner of a 17-acre tract surrounding the northeast corner of Wantagh and Jerusalem Avenues, North Wantagh, in Nassau County, New York, two of the most heavily traveled thoroughfares in the area (some 29,400 automobiles a day on Wantagh Avenue and about 14,500 going easterly and 15,950 westerly on Jerusalem Avenue). The corner itself, roughly 160 feet square, is zoned for business...

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