Bowery Savings Bank v. Plymouth Colony Corp.

Plaintiff is the owner of the premises on the southwest corner of Spruce street and Hempstead avenue in the town of Hempstead, Nassau county. Defendant Walters is the owner of the premises on the southeast corner. Defendant town of Hemp-stead, through its town board, issued to defendants Walters and Plymouth Colony Corporation a permit for the erection and maintenance of a gasoline station and storage tanks. The construction of the station and tanks has been completed and they are in operation. Pursuant to statute (General Municipal Law, § 51) plaintiff, in its capacity as a taxpayer, seeks a…