Wappinger Apartments Second Corp. v. Town of Wappinger

Judgment of the Supreme Court, Rockland County, dated August 21, 1967, affirmed, without costs. In our opinion, petitioner has not sustained its burden of showing a clear legal right to the relief requested. While we have treated petitioner’s affidavit as a reply to respondent’s affirmative defenses, we hold that no issues of fact exist requiring a trial. We find that there is a reasonably suitable alternative access from petitioner’s property to the public highways (cf. Matter of Syosset Ind. Bldrs. v. Town of Oyster Bay Highway Dept., 24 A D 2d 763). We are further of the opinion that on…