RPM MOTORS, INC. v. GULOTTA


88 A.D.2d 658 (1982)

RPM Motors, Inc., Doing Business as Gee Bee Motors, Respondent, v. Thomas Gulotta, as Supervisor of The Town of Hempstead, et al., Appellants

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

May 24, 1982


Judgment affirmed, without costs or disbursements.

Special Term was not in error in annulling the town board's determination and directing the board to issue petitioner a special exception to maintain a motor vehicle repair and body shop. The town board's finding that the addition of a repair shop would result in a tremendous increase in the congestion, due to the influx of tow trucks backing in wrecks, is not supported by the record. Moreover, the effect of the special...

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