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MTR. OF TER. CORP. v. BD. OF STANDARDS

35 Misc.2d 368 (1962)

In the Matter of Independence Terrace Corp., Petitioner, v. Board of Standards and Appeals of the City of New York et al., Respondents, and Palisades Apts., Inc., Intervenor-Respondent.

Supreme Court, Special Term, New York County.

January 16, 1962

Attorney(s) appearing for the Case

Shanley & McKegney (Osborne A. McKegney of counsel), for petitioner. Leo A. Larkin, Corporation Counsel (Rose Schneph of counsel), for Board of Standards and Appeals and others, respondents. Stein, Kosopsky & Silverman (David Stein of counsel), for intervenor-respondent.

JACOB MARKOWITZ, J.

This is an application by the Board of Standards and Appeals to vacate an order of certiorari, dismiss the petition, and affirm its determination. Petitioner crossmoves for summary judgment.

Petitioner's contention, as expressed in his brief, is that the floor area of the building, which the board permitted intervenor-respondent to erect, exceeds that permitted by section 15 of the Zoning Resolution in an E District. Petitioner...

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