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  5. 32 N.Y.2d 930 (1973)
 

BLOOM v. TOWN BD. OF THE TOWN OF OYSTER BAY

32 N.Y.2d 930 (1973)

Frank Bloom et al., Respondents, v. Town Board of the Town of Oyster Bay, Appellant, and Robert Liebowitz et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided June 7, 1973.

Attorney(s) appearing for the Case

John M. Conroy, Town Attorney (Charles F. Lynch of counsel), for appellant.

George C. Pratt for intervenors-appellants.

William R. Cotter for respondents.

Concur: Chief Judge FULD and Judges BURKE, GABRIELLI, JONES and WACHTLER. Judge JASEN dissents and votes to affirm in the following opinion in which Judge BREITEL concurs.

Order reversed, without costs, on the dissenting opinion at the Appellate Division and judgment granted to appellants declaring valid the rezoning resolution in question in accordance with the conditions and distinctions contained therein.

JASEN, J. (dissenting).

I agree with the majority that Special Term's construction of the phrase "lot area", excluding as it did the 13 acres of sloping land, was erroneous. However, I would otherwise affirm...

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