Legal Opinion

Fitzgerald v. Town of Oyster Bay

New York Supreme Court

Decided June 29, 1960PublishedCited by 1 opinion

1Opinion of the Court

William R. Brennan, Jr., J.

The plaintiff owns a plot at the southeast corner of Merrick Road and Bay Drive in Massapequa which runs 40.2 feet on Merrick Road by 201.01 feet on Bay Drive. The property is in the unincorporated area of the Town of Oyster Bay within 300 feet westerly of the dividing line between the Incorporated Village of Massapequa Park and the town.

This plot was part of a larger parcel (having a longer frontage on Bay Drive) originally acquired by the plaintiff on September 28, 1945. There is on it a real estate office which represents a larger version of a real estate office…

2Cases cited5 opinions

  1. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  2. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  3. Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
  4. Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
  5. Gregory v. Incorporated VillageNew York Supreme Court · 1959

3Cited by1 opinion

  1. Fitzgerald v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1961

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