MATTER OF ROSAK PROPS., INC., v. DWYER


277 A.D. 1058 (1950)

In the Matter of Rosak Properties, Inc., Respondent, v. John A. Dwyer, Village Clerk of The Village of Westbury, et al., Appellants

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

November 27, 1950.


The premises are located within the Business A District of the Building Zone Ordinance of the village, and the ordinance prohibits the proposed use in such district. (See art. VII, § 2 of the ordinance.) Section 19 of article IX of the ordinance, which is entitled "General Provisions", does not render such use permissible. On the contrary, it adds, as a condition to such use, if the use be otherwise permissible, that consents of certain real property owners and mortgagees...

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