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DI BIASI v. CITY OF NEW YORK

19 A.D.2d 323 (1963)

Alphonse Di Biasi, Plaintiff, and Al Di Biasi Construction Corp., Respondent, on Behalf of Themselves and All Others Similarly Situated, v. City of New York et al., Appellants

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

July 8, 1963.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Seymour B. Quel and Milton H. Harris of counsel), for appellants.

John J. Turvey (Martin Fogelman of counsel), for respondent.

Harold Nachison for Staten Island Home Builders Association, Inc., and others, amici curiæ.

CHRIST, BRENNAN, HILL and HOPKINS, JJ., concur.

UGHETTA, Acting P. J.

The corporate plaintiff owns property abutting Donley Avenue in Staten Island, Richmond County of the City of New York. The city has refused it a building permit upon the ground that "Street giving access [Donley Avenue] is not on the official map." There were other objections which do not concern us since the city admits that they have been satisfied. The premises, including the subject...

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