MATTER OF FRANCHISE REALTY INTERSTATE CORP. v. COHALAN


78 A.D.2d 552 (1980)

In the Matter of Franchise Realty Interstate Corporation, Respondent, v. Peter F. Cohalan et al., Constituting The Town Board of the Town of Islip, Appellants

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

September 29, 1980


Judgment reversed, on the law, with $50 costs and disbursements, and proceeding dismissed on the merits.

On this record, the town board was warranted in concluding that the proposed use would aggravate the existing congestion on Sunrise Highway, which is a divided highway, and create traffic problems because of the necessity for turning movements at neighboring intersections. Accordingly, reversal...

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