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LAKE ILLYRIA CORP. v. TOWN OF GARDINER

43 A.D.2d 386 (1974)

Lake Illyria Corporation, Appellant, v. Town of Gardiner et al., Respondents

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

February 7, 1974.

Attorney(s) appearing for the Case

Lloyd L. Rosenthal for appellant.

Alfred Hafke for respondents.

COOKE, KANE and MAIN, JJ., concur; SWEENEY, J., concurs in the result.

HERLIHY, P. J.

This is an appeal from an order of the Supreme Court at Special Term, entered October 30, 1972 in Ulster County, which denied plaintiff's motion for summary judgment.

Plaintiff is the owner of certain real property located along Route 299 in the Town of Gardiner, Ulster County, State of New York. Starting in 1968 the respondent Town Board annually enacted local laws prohibiting any use...

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