MTR. OF DAIRY BARN STORES v. PERLMAN


40 Misc.2d 959 (1963)

In the Matter of Dairy Barn Stores, Inc., Petitioner, v. Jack Perlman, as Building Inspector of the Incorporated Village of Great Neck, Respondent.

Supreme Court, Special Term, Nassau County.

November 14, 1963


Attorney(s) appearing for the Case

Gehrig, Ritter, Coffey & Stein for petitioner. Schiffmacher & Rochford for respondent.


MARIO PITTONI, J.

This petition, pursuant to article 78 of the Civil Practice Law and Rules, for judgment directing the respondent to issue a building permit, is dismissed.

The respondent rejected the application for a building permit on the ground that the proposed transaction of business was out of doors and that this was contrary to subdivision 6 of section 75.0 of the Building Zone Ordinance, and also that since the plans called for on-premises...

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