Annandale, Inc. v. Brienza

Appeal from an .order directing appellant to issue a permit for the erection of a residence building on respondent’s lot. . The lot abuts on an improved county highway, and the proposed building would be erected about 400 feet back from this highway. Appellant contends that the order is contrary to section 280-a of the Town Law in that there is no proof of access to the structure within the meaning of that statute. Respondent contends that inasmuch as the lot has frontage on the county highway, and the legal right of access thereby exists, the building permit should issue as of right. Order…