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Delaware Midland Corp. v. Incorporated Village of Westhampton Beach

39 A.D.2d 775 Court N.Y. App. Div. Decision date 1972-05-30 English

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p. 775
In the Matter of Delaware Midland Corporation, Appellant-Respondent, v. Incorporated Village of Westhampton Beach et al., Respondents-Appellants.

Judgment and order of the Supreme Court, Suffolk County, dated July 15, 1971 and October 22, 1971, respectively, affirmed, without costs. The legal questions arising from this controversy can best be determined after the da novo hearing ordered by Special Term, wherein the issues of fact can be heard and resolved. Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Brennan, JJ., concur.