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WHITNEY PARK HOMES, INC., Appellant, v. INCORPORATED VILLAGE OF UPPER BROOKVILLE, Respondent.

Order affirmed, without costs. We do not pass on whether plaintiff is precluded from making an application, or bringing an action based on such application, with respect to a part of the land involved. No opinion.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

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WHITNEY PARK HOMES v. INC. VIL. UP. BROOKVILLE
(Apr 23, 1970)