Fina Homes, Inc. v. Young

Full title: In the Matter of FINA HOMES, INC., Appellant, against JOHN C. YOUNG et…

Court: Court of Appeals of the State of New York

Date published: Dec 30, 1959

164 N.E.2d 860 (N.Y. 1959)

164 N.E.2d 860

196 N.Y.S.2d 985

Opinion

Argued October 7, 1959

Decided December 30, 1959

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CORTLAND A. JOHNSON, J.

William S. Cohn for appellant.

John A. Morhaus, Town Attorney ( Robert M. Stein of counsel), for respondents.

Order affirmed, with costs; no opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE. Judge VAN VOORHIS dissents and votes to reverse the order, to annul the determination and to direct the issuance of the permit upon the dissenting memorandum of BELDOCK and KLEINFELD, JJ., in the Appellate Division.