MATTER OF MARRIOTT CORP. v. ROSE


168 A.D.2d 682 (1990)

In the Matter of Marriott Corporation, Appellant, v. Henry W. Rose et al., Respondents, and Donald Larocca, Intervenor-Respondent

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

December 31, 1990


Ordered that the judgment is affirmed, with costs.

The petitioner leased a parcel of property located in the Town of Hempstead, partly in an area zoned as a business district and partly in an area zoned as a residence district. Situated in the business district part of the property is a restaurant onto which the petitioner proposes to add a "drive-thru" facility whereby customers can obtain fast food from order and pick-up stations without leaving their vehicles....

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