Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
It appears undisputed that the building in question was a legally existing one-family dwelling on December 31, 1941, when the Rochester Building Code Ordinance became effective. It likewise appears undisputed that in 1949, when the building was converted into a five-family apartment house, it became a multi-family house within...
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