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JKSP REST. v. NASSAU COUNTY

127 A.D.2d 121 (1987)

J.K.S.P. Restaurant, Inc., Respondent-Appellant, v. County of Nassau et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 30, 1987

Attorney(s) appearing for the Case

Edward G. McCabe, County Attorney (Robert O. Boyhan of counsel), for County of Nassau, appellant-respondent.

Kaufman & Serota, P. C. (Bernard Meyerson of counsel), for Hempstead Equities Corp., appellant-respondent.

Lawrence, Ciovacco & Walsh, P. C. (Lawrence S. Lawrence and Jeannine A. Broomhall of counsel), for respondent-appellant.

MANGANO, J. P., BRACKEN and KOOPER, JJ., concur.

SPATT, J.

This case involves a dispute over the validity of the plaintiff's interest in a prefabricated Kullman dining car (diner) which was assembled onsite at 75 North Franklin Street in the Village of Hempstead, New York, and was formerly operated as the Hempstead Town House. The overriding issue raised on appeal is whether the Hempstead Town House diner is to be treated as realty or personalty. Under the...

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