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BUTTERFIELD HOSP. v. PHILIPSTOWN

48 A.D.2d 289 (1975)

In the Matter of The Julia L. Butterfield Memorial Hospital Association, Respondent, v. Town of Philipstown et al., Appellants

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

June 9, 1975

Attorney(s) appearing for the Case

Charles E. Doyle, Jr., Town Attorney (Bleakley, Platt, Schmidt & Fritz, Special Counsel [Maurice Curran, Charles E. Doyle, Jr., and Hugh D. Fyfe of counsel]), for appellants.

Benjamin B. Hersh for respondent.

HOPKINS, BRENNAN and SHAPIRO, JJ., concur with MUNDER, J.; RABIN, Acting P. J., dissents and votes to affirm the judgment, with an opinion.

MUNDER, J.

The property in question is improved with a Medical Arts Building which was built by the petitioner and is contiguous to the hospital which petitioner also owns and operates. The petitioner is a private, nonprofit association established to operate the hospital which was the testamentary gift of Julia L. Butterfield. Her will was admitted to probate in Putnam County in March, 1915. The property in...

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