H.C. WILLIAMS CO., INC. v. TOWN OF SOUTHAMPTON, 45 N.Y.2d 922 (1978)

411 N.Y.S.2d 230, 383 N.E.2d 876

H.C. WILLIAMS CO., INC., Respondent, v. TOWN OF SOUTHAMPTON, Appellant.

Court of Appeals of the State of New York.Submitted September 22, 1978
Decided October 26, 1978

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department,

Page 923

LAWRENCE J. BRACKEN, J.

Page 924

Emil F. De Petris and Richard E. De Petris for appellant.

Tooker, Tooker Esseks for respondent, precluded.

Order reversed, with costs, and judgment granted to defendant in accordance with the Court of Appeals opinion in Suffolk Outdoor Adv. Co. v Hulse (43 N.Y.2d 483). Question certified answered in the negative.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.