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MATTER OF RYBACK v. MURDOCK

1 A.D.2d 132 (1956)

In the Matter of Jack Ryback, Appellant, v. Harris H. Murdock et al., Constituting The Board of Standards and Appeals of the City of New York, Respondents, and Senville-35th Street Realty Corp., Intervenor-Respondent

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

January 31, 1956.

Attorney(s) appearing for the Case

Philip O. Eisenberg for appellant.

Alfred Weinstein of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for respondents.

Jesse Climenko of counsel (Martin I. Shelton with him on the brief; Gallop Climenko & Gould, attorneys), for intervenor-respondent.

BREITEL, J. P., BOTEIN, RABIN and BERGAN, JJ., concur.

BASTOW, J.

The board of standards and appeals has granted an area variance to permit intervenor, who was erecting an apartment building with stores on the ground floor, to occupy on the ground level only, an area of 9,194 square feet of a plot having a total area of 9,900 square feet. Strict application of subdivision (b) of section 12 of the Zoning Resolution of the City of New York would limit such coverage...

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